Question:
Money as a metric of support for political ideas.

Money is actually a very effective way of gauging the success of the ideas presented to the electorate, it shows the best political ideas and personalities in the through the market. It is often argued that politicians who spend a lot of money win elections. However, when this hypothesis was scientifically tested, it turned out that in fact successful and popular candidates merely attracted more money, the same way they attract more volunteers, more endorsers, and more votes [1] . Therefore, money, like an endorsement, is just a demonstrative way of throwing one’s weight behind a candidate one agrees with. Viewed in this context, money is not some sinister device for unpopular ideas to rise to the top against the will of the majority, but, like an endorsement, a form of speech supporting those ideas which are already popular enough to attract it.

[1] Steven D. Levitt “Using Repeat Challengers to Estimate the effect of Campaign Spending on Election Outcomes to the U.S. House”. The Journal of Political Economy, Volume 102, Issue 4, August 1994, pp. 777-798. http://pricetheory.uchicago.edu/levitt/Papers/LevittUsingRepeatChallengers1994.pdf

Money gives a megaphone to one point of view. That view then gains more notoriety by spending more money to advance and promote it, by using mass media to bring it to the attention of a broader group of people, by hiring advocates to persuade a broader audience, by creating hype around an issue or candidate, with financial resources. Figuring out what came first, the money or the popularity these candidates gained; is a chicken or egg dilemma. Money and popularity are part of a self-reinforcing cycle

It is unquestioningly taking the ‘consensus’ view on issues like evolution and climate change that is misleading children. Teaching only the one viewpoint misleads children into thinking that the issue is fact and settled so denying the ongoing controversies in each of these areas. [1]

[1] Zabarenko, Deborah, ‘Tennessee teacher law could boost creationism, climate denial’, Reuters, 13 April 2012, http://www.reuters.com/article/2012/04/13/us-usa-education-tennessee-idUSBRE83C0JR20120413

Government shouldn’t interfere with the internet economy

It almost never ends well when governments interfere with the internet economy. The graduated response policy against the unauthorized downloading of copyrighted content is one example: it violates the same principles as a filter against child sex abuse material, but it also doesn’t succeed in its’ goal of helping content businesses innovate their business models, which is why France is considering discontinuing it. [1] Also, other businesses are slowly replacing the old fashioned music-industry, showing that companies on the internet are fully able to survive and thrive by offering copyrighted content online. [2]

When governments do become active in the internet economy, they’re likely to run very high risks. IT projects are very likely to fail, run over budget and time, [3] especially when it concerns governments. [4] This means that governments shouldn’t be ‘going digital’ anytime soon, as the data governments handle is too sensitive. The case of digital signatures is a good example: when the provider of digital signatures for tax and business purposes, DigiNotar, was hacked, it not only comprised the security of Dutch-Iranian citizens, [5] but also hampered government communications. [6]

[1] ‘French anti-p2p agency Hadopi likely to get shut down’. 2012.

[2] Knopper, ‘The New Economics of the Music Industry’. 2011.

[3] Budzier and Flyvbjerg, ‘Why your IT project may be riskier than you think’. 2011.

[4] ‘Government IT Projects: How often is succes even an option?’. 2011.

[5] ‘Fake DigiNotar web certificate risk to Iranians’, 2011.

[6] ‘Dutch government unprepared for SSL hack, report says’, 2012.

By definition, we don’t know what is suppressed by governments; who knows, maybe there are aliens at Roswell, Presley is alive and well and Nixon shot Kennedy. However, unofficial leaks as well as official reclassifications of secret data always excite interest, so it seems reasonable to assume that there is some information that remains classified with good reason. However old information such as military ciphers, designs for armaments and discussions that suggests more than usual levels of incompetence of mendacity among the political classes, they are likely to remain secret – for the excellent reason that confidence in the entire system depends on it. For better or worse, that process tends to be called national security.

Freedom of expression carries with it duties and responsibilities which mean that this freedom may be subject to restrictions or penalties as the European Convention on Human Rights recognises. [1] In this case there is a national security interest and potentially a public safety interest to punish those who are accessing damaging information. Freedom of expression does not therefore apply to extremist websites that are inciting people to engage in acts of terrorism.

[1] Council of Europe, ‘Article 10’, Convention for the Protection of Human Rights and Fundamental Freedoms.

While it may be a journalist’s job and duty to call the government to account this is not the duty of a soldier who is supposed to be following orders. The soldier’s duty in such a situation would have been to report up the chain of command. As the Judge in the case concluded: "There is no need to steal thousands of classified documents in order to bring 'aspects of IDF operations to the public's attention,' or investigate 'war crimes.' Any independent body given those documents, even by someone like the defendant, has no (security) clearance to afford it the review of such military secrets… There was also no need to give a reporter thousands of sensitive documents without discretion." [1]

[1] Lutvitch, Vered, ‘Kam: History forgives those who expose war crimes’, Ynet News.com, 12 April 2010.

Anat Kamm did not leak information that could ever result in the destruction of the Israeli state. Her lawyer argued "It was never her intention to harm the security of the state” and this was accepted by the Israeli state as shown by the plea bargain in which it dropped the charge having the intention to harm the security of the state. [1] If the state’s survival was not at stake then the right to freedom of information clearly applies.

[1] Edelman, Ofra, ‘Tel Aviv court accepts plea bargain in Anat Kamm espionage case’, Haaretz, 6 February 2011.

First the ‘don’t say gay’ bill has not been passed as it was dropped by its republican sponsor Joey Hensley. [1] That this bill is directed at only a few subjects does not mean that it is not about academic freedom and freedom of speech. The bill is simply targeting and highlighting areas where the assembly believes free speech is lacking and alternative views need to be presented.

[1] ‘Tennessee ‘Don’t Say Gay’ Bill To Get Axed’, Huffington Post, 1 May 2012, http://www.huffingtonpost.com/2012/05/01/tennessee-dont-say-gay-bill_n_1...

Drones are an unusual example (though not unique) because they are a new form of warfare over which there are few clear rules and norms. This means that making it transparent will create new norms. However in the vast majority of covert operations if made public they would clearly be illegal and would have to be ended. Drones are also unusual in that the public sees few downsides to the killing, this means there would be less public pressure than in most such operations.

It seems perverse to suggest that consumers of news would be likely to abandon a channel on the basis of one story – or even several. Decisions by consumers of news are determined far more by the general outlook of a channel than by particular stories – it is rare to find individuals who are interested in the entire output of a news organisation.

In addition, new organisations clearly have an interest in covering areas that are ignored by their competitors because it gives them a commercial advantage both through appealing to new groups but also through enhancing their reputation for impartial reporting. There is clearly a gap in the market to provide reporting of gay issues and it therefore should be in news organisations interests to fill that gap. This is exactly what al Jazeera did when it was set up; it filled a gap left by the closure of BBC Arabic for a broadcaster that is willing to "report the news as they see it." [1]

[1] ‘History of Al Jazeera Television’, Allied Media Corp, http://allied-media.com/aljazeera/jazeera_history.html accessed 14 August 2012

This is an excellent reason why as much information as possible should be publically and internationally available [i] . China’s entry into the Korean war was justified on grounds of national security at the time and that line has been doggedly followed since. Truman thought it was “a bald attempt to blackmail the UN” [ii] at the time and the opinion of many has not changed since. The US and Korea have had to face some of their demons about the war since; why not China? It is also difficult to see what this has to do with the foundational myths of the Chinese state, which go back thousands of years, or even the Communist party which come from the long march and the second world war. And if indeed it is a ‘myth’ then is there not a duty to show that this historical record is wrong? National identity should be built on the basis of facts not manufactured mythologies.

[i] Eurozine. Danuta Glondys, Arne Ruth. Breaking the Bonds of National Mythology. 14 March 2011.

[ii] China intervenes (October – December 1950). Korean War. Wikipedia.

Instruction: Given a claim, retrieve documents that refute the claim


Question:
Money is intrinsic to political speech.

In Buckley, the Justices declared: “virtually every means of communicating ideas in today's mass society requires the expenditure of money. The distribution of the humblest handbill or leaflet entails printing, paper, and circulation costs. Speeches and rallies generally necessitate hiring a hall and publicizing the event. The electorate's increasing dependence on television, radio, and other mass media for news and information has made these expensive modes of communication indispensable instruments of effective political speech.” [1] In the 2008 election, presidential candidates spent 1.7 billion dollars on their campaigns [2] . This helps to show that nowadays, the effective communication of political ideas cannot be achieved without the expenditure of money. Therefore, one cannot protect political speech and at the same time place restrictions on the main resource which makes it possible, there is little point in freedom to elucidate ideas without the ability to spread those ideas. Spending money has become an inextricable component of political communication.

[1] U.S. Supreme Court BUCKLEY v. VALEO, 424 U.S. 1 (1976). http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=424&invol=1

[2] Jonathan D. Saland, “Spending Dobuled as Obama Led First Billion Dollar Race in 2008”, Bloomberg 2008. http://www.bloomberg.com/apps/news?pid=newsarchive&sid=aerix76GvmRM

Something can be an appendage to a right. But it does not mean the government has an obligation to afford it the same protections as the right itself. Effective communication of political ideals also requires access to airways, printing presses, campaign staff, etc. But the government has no obligation to treat access to these as a Constitutional, inviolable right, on par with one’s freedom to say what she pleases.

An expression of an opinion is protected strictly by the letter of the law. However, the Citizen's United decision effectively expands this protection to two new entities: 1) non-person and 2) act of spending. Rather than reinterpreting current legislation that protects free speech, new laws ought to be created seeking to protect these two entities from committing to political expressions. And, this has to be exercised through the legislative branch rather than judicial.

With the Citizen's United decision, the judicial branch is effectively writing new legislation that is 1) recognizing corporate entities to have same political expression rights as citizens/individuals and 2) redefining the act of spending to be the same as an expression of an opinion as well as an act of demonstrating an expression of an opinion.

It is unquestioningly taking the ‘consensus’ view on issues like evolution and climate change that is misleading children. Teaching only the one viewpoint misleads children into thinking that the issue is fact and settled so denying the ongoing controversies in each of these areas. [1]

[1] Zabarenko, Deborah, ‘Tennessee teacher law could boost creationism, climate denial’, Reuters, 13 April 2012, http://www.reuters.com/article/2012/04/13/us-usa-education-tennessee-idUSBRE83C0JR20120413

Government shouldn’t interfere with the internet economy

It almost never ends well when governments interfere with the internet economy. The graduated response policy against the unauthorized downloading of copyrighted content is one example: it violates the same principles as a filter against child sex abuse material, but it also doesn’t succeed in its’ goal of helping content businesses innovate their business models, which is why France is considering discontinuing it. [1] Also, other businesses are slowly replacing the old fashioned music-industry, showing that companies on the internet are fully able to survive and thrive by offering copyrighted content online. [2]

When governments do become active in the internet economy, they’re likely to run very high risks. IT projects are very likely to fail, run over budget and time, [3] especially when it concerns governments. [4] This means that governments shouldn’t be ‘going digital’ anytime soon, as the data governments handle is too sensitive. The case of digital signatures is a good example: when the provider of digital signatures for tax and business purposes, DigiNotar, was hacked, it not only comprised the security of Dutch-Iranian citizens, [5] but also hampered government communications. [6]

[1] ‘French anti-p2p agency Hadopi likely to get shut down’. 2012.

[2] Knopper, ‘The New Economics of the Music Industry’. 2011.

[3] Budzier and Flyvbjerg, ‘Why your IT project may be riskier than you think’. 2011.

[4] ‘Government IT Projects: How often is succes even an option?’. 2011.

[5] ‘Fake DigiNotar web certificate risk to Iranians’, 2011.

[6] ‘Dutch government unprepared for SSL hack, report says’, 2012.

By definition, we don’t know what is suppressed by governments; who knows, maybe there are aliens at Roswell, Presley is alive and well and Nixon shot Kennedy. However, unofficial leaks as well as official reclassifications of secret data always excite interest, so it seems reasonable to assume that there is some information that remains classified with good reason. However old information such as military ciphers, designs for armaments and discussions that suggests more than usual levels of incompetence of mendacity among the political classes, they are likely to remain secret – for the excellent reason that confidence in the entire system depends on it. For better or worse, that process tends to be called national security.

Freedom of expression carries with it duties and responsibilities which mean that this freedom may be subject to restrictions or penalties as the European Convention on Human Rights recognises. [1] In this case there is a national security interest and potentially a public safety interest to punish those who are accessing damaging information. Freedom of expression does not therefore apply to extremist websites that are inciting people to engage in acts of terrorism.

[1] Council of Europe, ‘Article 10’, Convention for the Protection of Human Rights and Fundamental Freedoms.

While it may be a journalist’s job and duty to call the government to account this is not the duty of a soldier who is supposed to be following orders. The soldier’s duty in such a situation would have been to report up the chain of command. As the Judge in the case concluded: "There is no need to steal thousands of classified documents in order to bring 'aspects of IDF operations to the public's attention,' or investigate 'war crimes.' Any independent body given those documents, even by someone like the defendant, has no (security) clearance to afford it the review of such military secrets… There was also no need to give a reporter thousands of sensitive documents without discretion." [1]

[1] Lutvitch, Vered, ‘Kam: History forgives those who expose war crimes’, Ynet News.com, 12 April 2010.

Anat Kamm did not leak information that could ever result in the destruction of the Israeli state. Her lawyer argued "It was never her intention to harm the security of the state” and this was accepted by the Israeli state as shown by the plea bargain in which it dropped the charge having the intention to harm the security of the state. [1] If the state’s survival was not at stake then the right to freedom of information clearly applies.

[1] Edelman, Ofra, ‘Tel Aviv court accepts plea bargain in Anat Kamm espionage case’, Haaretz, 6 February 2011.

First the ‘don’t say gay’ bill has not been passed as it was dropped by its republican sponsor Joey Hensley. [1] That this bill is directed at only a few subjects does not mean that it is not about academic freedom and freedom of speech. The bill is simply targeting and highlighting areas where the assembly believes free speech is lacking and alternative views need to be presented.

[1] ‘Tennessee ‘Don’t Say Gay’ Bill To Get Axed’, Huffington Post, 1 May 2012, http://www.huffingtonpost.com/2012/05/01/tennessee-dont-say-gay-bill_n_1...

Drones are an unusual example (though not unique) because they are a new form of warfare over which there are few clear rules and norms. This means that making it transparent will create new norms. However in the vast majority of covert operations if made public they would clearly be illegal and would have to be ended. Drones are also unusual in that the public sees few downsides to the killing, this means there would be less public pressure than in most such operations.

It seems perverse to suggest that consumers of news would be likely to abandon a channel on the basis of one story – or even several. Decisions by consumers of news are determined far more by the general outlook of a channel than by particular stories – it is rare to find individuals who are interested in the entire output of a news organisation.

In addition, new organisations clearly have an interest in covering areas that are ignored by their competitors because it gives them a commercial advantage both through appealing to new groups but also through enhancing their reputation for impartial reporting. There is clearly a gap in the market to provide reporting of gay issues and it therefore should be in news organisations interests to fill that gap. This is exactly what al Jazeera did when it was set up; it filled a gap left by the closure of BBC Arabic for a broadcaster that is willing to "report the news as they see it." [1]

[1] ‘History of Al Jazeera Television’, Allied Media Corp, http://allied-media.com/aljazeera/jazeera_history.html accessed 14 August 2012

This is an excellent reason why as much information as possible should be publically and internationally available [i] . China’s entry into the Korean war was justified on grounds of national security at the time and that line has been doggedly followed since. Truman thought it was “a bald attempt to blackmail the UN” [ii] at the time and the opinion of many has not changed since. The US and Korea have had to face some of their demons about the war since; why not China? It is also difficult to see what this has to do with the foundational myths of the Chinese state, which go back thousands of years, or even the Communist party which come from the long march and the second world war. And if indeed it is a ‘myth’ then is there not a duty to show that this historical record is wrong? National identity should be built on the basis of facts not manufactured mythologies.

[i] Eurozine. Danuta Glondys, Arne Ruth. Breaking the Bonds of National Mythology. 14 March 2011.

[ii] China intervenes (October – December 1950). Korean War. Wikipedia.

Instruction: Given a claim, retrieve documents that refute the claim


Question:
Unlimited political contributions undermine fair democratic representation.

Allowing for unlimited political contributions under the protection of the First Amendment distorts one of the most fundamental democratic tenets, the principle of fair representation – “one person, one vote.” [1] The Supreme Court has in the past also recognized this principle to mean more than the right to cast one vote which is counted equally. In Reynolds v Sims the Court held that “full and effective participation by all citizens in state government requires… that each citizen has an equally effective voice in the election of members of the state legislature”. [2] Such an “equally effective voice” is undermined by one individual or organization being able to influence the votes of thousands or hundreds of thousands through the deployment of financial resources which the average voter does not possess. This undermines the fair scheme of representation that is fundamental to a veritable democracy.

[1] John Rawls, Political Liberalism, Chapter 12: “Maintaining the Fair Value of Political Liberties”

[2] Reynolds v Sims, U.S. Supreme Court, 1964. http://www.law.cornell.edu/supct/html/historics/USSC_CR_0377_0533_ZO.html

Taken to its logical conclusion, such an argument can have anti-democratic implications. Perhaps the government should also cap the amount of time someone can volunteer to a political campaign or in support of a political cause. Other members of the electorate might have greater time or financial constraints which may not permit them to dedicate equal amounts of time influencing the votes of their fellow citizens. And if one advocate is superior in eloquence, persuasion, or charisma to others, should she not be permitted to use her talents in support of her cause or candidate, because her voice is essentially “more effective”, to paraphrase the Court? Such an outcome-focused approach to the definition of fair representation ends up infringing on citizens’ fundamental right to pursue the advancement of their interests within the democratic debate.

It is unquestioningly taking the ‘consensus’ view on issues like evolution and climate change that is misleading children. Teaching only the one viewpoint misleads children into thinking that the issue is fact and settled so denying the ongoing controversies in each of these areas. [1]

[1] Zabarenko, Deborah, ‘Tennessee teacher law could boost creationism, climate denial’, Reuters, 13 April 2012, http://www.reuters.com/article/2012/04/13/us-usa-education-tennessee-idUSBRE83C0JR20120413

Government shouldn’t interfere with the internet economy

It almost never ends well when governments interfere with the internet economy. The graduated response policy against the unauthorized downloading of copyrighted content is one example: it violates the same principles as a filter against child sex abuse material, but it also doesn’t succeed in its’ goal of helping content businesses innovate their business models, which is why France is considering discontinuing it. [1] Also, other businesses are slowly replacing the old fashioned music-industry, showing that companies on the internet are fully able to survive and thrive by offering copyrighted content online. [2]

When governments do become active in the internet economy, they’re likely to run very high risks. IT projects are very likely to fail, run over budget and time, [3] especially when it concerns governments. [4] This means that governments shouldn’t be ‘going digital’ anytime soon, as the data governments handle is too sensitive. The case of digital signatures is a good example: when the provider of digital signatures for tax and business purposes, DigiNotar, was hacked, it not only comprised the security of Dutch-Iranian citizens, [5] but also hampered government communications. [6]

[1] ‘French anti-p2p agency Hadopi likely to get shut down’. 2012.

[2] Knopper, ‘The New Economics of the Music Industry’. 2011.

[3] Budzier and Flyvbjerg, ‘Why your IT project may be riskier than you think’. 2011.

[4] ‘Government IT Projects: How often is succes even an option?’. 2011.

[5] ‘Fake DigiNotar web certificate risk to Iranians’, 2011.

[6] ‘Dutch government unprepared for SSL hack, report says’, 2012.

By definition, we don’t know what is suppressed by governments; who knows, maybe there are aliens at Roswell, Presley is alive and well and Nixon shot Kennedy. However, unofficial leaks as well as official reclassifications of secret data always excite interest, so it seems reasonable to assume that there is some information that remains classified with good reason. However old information such as military ciphers, designs for armaments and discussions that suggests more than usual levels of incompetence of mendacity among the political classes, they are likely to remain secret – for the excellent reason that confidence in the entire system depends on it. For better or worse, that process tends to be called national security.

Freedom of expression carries with it duties and responsibilities which mean that this freedom may be subject to restrictions or penalties as the European Convention on Human Rights recognises. [1] In this case there is a national security interest and potentially a public safety interest to punish those who are accessing damaging information. Freedom of expression does not therefore apply to extremist websites that are inciting people to engage in acts of terrorism.

[1] Council of Europe, ‘Article 10’, Convention for the Protection of Human Rights and Fundamental Freedoms.

While it may be a journalist’s job and duty to call the government to account this is not the duty of a soldier who is supposed to be following orders. The soldier’s duty in such a situation would have been to report up the chain of command. As the Judge in the case concluded: "There is no need to steal thousands of classified documents in order to bring 'aspects of IDF operations to the public's attention,' or investigate 'war crimes.' Any independent body given those documents, even by someone like the defendant, has no (security) clearance to afford it the review of such military secrets… There was also no need to give a reporter thousands of sensitive documents without discretion." [1]

[1] Lutvitch, Vered, ‘Kam: History forgives those who expose war crimes’, Ynet News.com, 12 April 2010.

Anat Kamm did not leak information that could ever result in the destruction of the Israeli state. Her lawyer argued "It was never her intention to harm the security of the state” and this was accepted by the Israeli state as shown by the plea bargain in which it dropped the charge having the intention to harm the security of the state. [1] If the state’s survival was not at stake then the right to freedom of information clearly applies.

[1] Edelman, Ofra, ‘Tel Aviv court accepts plea bargain in Anat Kamm espionage case’, Haaretz, 6 February 2011.

First the ‘don’t say gay’ bill has not been passed as it was dropped by its republican sponsor Joey Hensley. [1] That this bill is directed at only a few subjects does not mean that it is not about academic freedom and freedom of speech. The bill is simply targeting and highlighting areas where the assembly believes free speech is lacking and alternative views need to be presented.

[1] ‘Tennessee ‘Don’t Say Gay’ Bill To Get Axed’, Huffington Post, 1 May 2012, http://www.huffingtonpost.com/2012/05/01/tennessee-dont-say-gay-bill_n_1...

Drones are an unusual example (though not unique) because they are a new form of warfare over which there are few clear rules and norms. This means that making it transparent will create new norms. However in the vast majority of covert operations if made public they would clearly be illegal and would have to be ended. Drones are also unusual in that the public sees few downsides to the killing, this means there would be less public pressure than in most such operations.

It seems perverse to suggest that consumers of news would be likely to abandon a channel on the basis of one story – or even several. Decisions by consumers of news are determined far more by the general outlook of a channel than by particular stories – it is rare to find individuals who are interested in the entire output of a news organisation.

In addition, new organisations clearly have an interest in covering areas that are ignored by their competitors because it gives them a commercial advantage both through appealing to new groups but also through enhancing their reputation for impartial reporting. There is clearly a gap in the market to provide reporting of gay issues and it therefore should be in news organisations interests to fill that gap. This is exactly what al Jazeera did when it was set up; it filled a gap left by the closure of BBC Arabic for a broadcaster that is willing to "report the news as they see it." [1]

[1] ‘History of Al Jazeera Television’, Allied Media Corp, http://allied-media.com/aljazeera/jazeera_history.html accessed 14 August 2012

This is an excellent reason why as much information as possible should be publically and internationally available [i] . China’s entry into the Korean war was justified on grounds of national security at the time and that line has been doggedly followed since. Truman thought it was “a bald attempt to blackmail the UN” [ii] at the time and the opinion of many has not changed since. The US and Korea have had to face some of their demons about the war since; why not China? It is also difficult to see what this has to do with the foundational myths of the Chinese state, which go back thousands of years, or even the Communist party which come from the long march and the second world war. And if indeed it is a ‘myth’ then is there not a duty to show that this historical record is wrong? National identity should be built on the basis of facts not manufactured mythologies.

[i] Eurozine. Danuta Glondys, Arne Ruth. Breaking the Bonds of National Mythology. 14 March 2011.

[ii] China intervenes (October – December 1950). Korean War. Wikipedia.

Instruction: Given a claim, retrieve documents that refute the claim


Question:
Money is property.

In his concurring opinion in Nixon v Shrink Missouri Government Pack, Justice John Paul Stevens said: “Money is property; it is not speech. Speech has the power to inspire volunteers to perform a multitude of tasks on a campaign trail, on a battleground, or even on a football field. Money, meanwhile, has the power to pay hired labourers to perform the same tasks. It does not follow, however, that the First Amendment provides the same measure of protection to the use of money to accomplish such goals as it provides to the use of ideas to achieve the same results.” [1] In other words, simply because money and speech can be means to the same end, it does not automatically mean they deserve the same level of protection. The freedom to use one’s property as she sees fit is different from allowing someone to say what she pleases.

[1] Nixon v. Shrink Missouri Government PAC, U.S. Supreme Court 2000 http://www.law.cornell.edu/supct/html/98-963.ZC.html

Money is a fungible resource and can fulfil different roles depending on the context in which it is used. It can be exchanged for almost anything and should be treated differently according to the circumstances in which it is used. It can be exchanged food, housing, weapons, medicine, services, hired hands. More conventional examples of property, such as real estate, or a car, have no equally fungible characteristic. When it is used to advance political debate, money becomes inherent to political speech. Therefore, in the context of campaign contributions and expenditures money deserves the protections of the First Amendment.

It is unquestioningly taking the ‘consensus’ view on issues like evolution and climate change that is misleading children. Teaching only the one viewpoint misleads children into thinking that the issue is fact and settled so denying the ongoing controversies in each of these areas. [1]

[1] Zabarenko, Deborah, ‘Tennessee teacher law could boost creationism, climate denial’, Reuters, 13 April 2012, http://www.reuters.com/article/2012/04/13/us-usa-education-tennessee-idUSBRE83C0JR20120413

Government shouldn’t interfere with the internet economy

It almost never ends well when governments interfere with the internet economy. The graduated response policy against the unauthorized downloading of copyrighted content is one example: it violates the same principles as a filter against child sex abuse material, but it also doesn’t succeed in its’ goal of helping content businesses innovate their business models, which is why France is considering discontinuing it. [1] Also, other businesses are slowly replacing the old fashioned music-industry, showing that companies on the internet are fully able to survive and thrive by offering copyrighted content online. [2]

When governments do become active in the internet economy, they’re likely to run very high risks. IT projects are very likely to fail, run over budget and time, [3] especially when it concerns governments. [4] This means that governments shouldn’t be ‘going digital’ anytime soon, as the data governments handle is too sensitive. The case of digital signatures is a good example: when the provider of digital signatures for tax and business purposes, DigiNotar, was hacked, it not only comprised the security of Dutch-Iranian citizens, [5] but also hampered government communications. [6]

[1] ‘French anti-p2p agency Hadopi likely to get shut down’. 2012.

[2] Knopper, ‘The New Economics of the Music Industry’. 2011.

[3] Budzier and Flyvbjerg, ‘Why your IT project may be riskier than you think’. 2011.

[4] ‘Government IT Projects: How often is succes even an option?’. 2011.

[5] ‘Fake DigiNotar web certificate risk to Iranians’, 2011.

[6] ‘Dutch government unprepared for SSL hack, report says’, 2012.

By definition, we don’t know what is suppressed by governments; who knows, maybe there are aliens at Roswell, Presley is alive and well and Nixon shot Kennedy. However, unofficial leaks as well as official reclassifications of secret data always excite interest, so it seems reasonable to assume that there is some information that remains classified with good reason. However old information such as military ciphers, designs for armaments and discussions that suggests more than usual levels of incompetence of mendacity among the political classes, they are likely to remain secret – for the excellent reason that confidence in the entire system depends on it. For better or worse, that process tends to be called national security.

Freedom of expression carries with it duties and responsibilities which mean that this freedom may be subject to restrictions or penalties as the European Convention on Human Rights recognises. [1] In this case there is a national security interest and potentially a public safety interest to punish those who are accessing damaging information. Freedom of expression does not therefore apply to extremist websites that are inciting people to engage in acts of terrorism.

[1] Council of Europe, ‘Article 10’, Convention for the Protection of Human Rights and Fundamental Freedoms.

While it may be a journalist’s job and duty to call the government to account this is not the duty of a soldier who is supposed to be following orders. The soldier’s duty in such a situation would have been to report up the chain of command. As the Judge in the case concluded: "There is no need to steal thousands of classified documents in order to bring 'aspects of IDF operations to the public's attention,' or investigate 'war crimes.' Any independent body given those documents, even by someone like the defendant, has no (security) clearance to afford it the review of such military secrets… There was also no need to give a reporter thousands of sensitive documents without discretion." [1]

[1] Lutvitch, Vered, ‘Kam: History forgives those who expose war crimes’, Ynet News.com, 12 April 2010.

Anat Kamm did not leak information that could ever result in the destruction of the Israeli state. Her lawyer argued "It was never her intention to harm the security of the state” and this was accepted by the Israeli state as shown by the plea bargain in which it dropped the charge having the intention to harm the security of the state. [1] If the state’s survival was not at stake then the right to freedom of information clearly applies.

[1] Edelman, Ofra, ‘Tel Aviv court accepts plea bargain in Anat Kamm espionage case’, Haaretz, 6 February 2011.

First the ‘don’t say gay’ bill has not been passed as it was dropped by its republican sponsor Joey Hensley. [1] That this bill is directed at only a few subjects does not mean that it is not about academic freedom and freedom of speech. The bill is simply targeting and highlighting areas where the assembly believes free speech is lacking and alternative views need to be presented.

[1] ‘Tennessee ‘Don’t Say Gay’ Bill To Get Axed’, Huffington Post, 1 May 2012, http://www.huffingtonpost.com/2012/05/01/tennessee-dont-say-gay-bill_n_1...

Drones are an unusual example (though not unique) because they are a new form of warfare over which there are few clear rules and norms. This means that making it transparent will create new norms. However in the vast majority of covert operations if made public they would clearly be illegal and would have to be ended. Drones are also unusual in that the public sees few downsides to the killing, this means there would be less public pressure than in most such operations.

It seems perverse to suggest that consumers of news would be likely to abandon a channel on the basis of one story – or even several. Decisions by consumers of news are determined far more by the general outlook of a channel than by particular stories – it is rare to find individuals who are interested in the entire output of a news organisation.

In addition, new organisations clearly have an interest in covering areas that are ignored by their competitors because it gives them a commercial advantage both through appealing to new groups but also through enhancing their reputation for impartial reporting. There is clearly a gap in the market to provide reporting of gay issues and it therefore should be in news organisations interests to fill that gap. This is exactly what al Jazeera did when it was set up; it filled a gap left by the closure of BBC Arabic for a broadcaster that is willing to "report the news as they see it." [1]

[1] ‘History of Al Jazeera Television’, Allied Media Corp, http://allied-media.com/aljazeera/jazeera_history.html accessed 14 August 2012

This is an excellent reason why as much information as possible should be publically and internationally available [i] . China’s entry into the Korean war was justified on grounds of national security at the time and that line has been doggedly followed since. Truman thought it was “a bald attempt to blackmail the UN” [ii] at the time and the opinion of many has not changed since. The US and Korea have had to face some of their demons about the war since; why not China? It is also difficult to see what this has to do with the foundational myths of the Chinese state, which go back thousands of years, or even the Communist party which come from the long march and the second world war. And if indeed it is a ‘myth’ then is there not a duty to show that this historical record is wrong? National identity should be built on the basis of facts not manufactured mythologies.

[i] Eurozine. Danuta Glondys, Arne Ruth. Breaking the Bonds of National Mythology. 14 March 2011.

[ii] China intervenes (October – December 1950). Korean War. Wikipedia.

Instruction: Given a claim, retrieve documents that refute the claim


Question:
Money stifles, it does not advance debate.

We protect speech under almost all circumstances and cherish its freedom as a tenet of democracy because it enhances debate and better decision-making. We believe that in the free marketplace of ideas, where everyone is given an equal opportunity to advance competing points of view, based on ever more complete information, voters will be better informed to make the right choice for themselves in the voting booth. But money, unlike speech, does not have the intrinsic property of enhancing a debate. At best, it can be a facilitator for the debate, without having communicative value of its own. But at worst, instead of enhancing the democratic debate, it distorts it, by giving certain ideas disproportionate influence, based not on the value and strength of their arguments, but on the spending power of their supporters. A clear example is the U.S. Tea Party movement, which has not enriched the debate in American politics. It has made it acrimonious, divisive, and radicalized. The Tea Party has empowered the fringes of American extremism. One has to wonder if these ideas would have done so well on their own, without having been bankrolled by millionaires like Rupert Murdoch and the Koch brothers [1] . It may also be used to stifle the other side; it is notable that in the 2012 presidential campaign more than 80% of adverts were negative so not attempting to inform voters. [2] For this reason, not only does money not fulfil the role which earns speech its expansive protections, it actively works against it. Money should be tightly controlled, not equated to speech and given limitless protection.

[1] Frank Rich, “The Billionaires Bankrolling the Tea Party”, New York Times 2010. http://www.nytimes.com/2010/08/29/opinion/29rich.html?_r=0

[2] “Mad Money: TV ads in the 2012 presidential campaign”, Washington Post, 14 November 2012. http://www.washingtonpost.com/wp-srv/special/politics/track-presidential-campaign-ads-2012/

This point of view assumes an inherent virtue of middle of the road, status quo ideas, and picks winners and losers before the debate even gets a chance to occur. It presupposes that certain ideas automatically deserve less ‘airtime’ than others because at the moment they happen to be unpopular. Every great idea which moved the debate forward and modernized the world, from the abolition of slavery to universal suffrage, started as a fringe, unpopular idea at one time. Unpopular ideas, whether they turn out to be good or bad, might need a financial boost to join the debate that may establish their value. They cannot simply be pre-emptively deemed unworthy before even being scrutinized in the marketplace of ideas.

It is unquestioningly taking the ‘consensus’ view on issues like evolution and climate change that is misleading children. Teaching only the one viewpoint misleads children into thinking that the issue is fact and settled so denying the ongoing controversies in each of these areas. [1]

[1] Zabarenko, Deborah, ‘Tennessee teacher law could boost creationism, climate denial’, Reuters, 13 April 2012, http://www.reuters.com/article/2012/04/13/us-usa-education-tennessee-idUSBRE83C0JR20120413

Government shouldn’t interfere with the internet economy

It almost never ends well when governments interfere with the internet economy. The graduated response policy against the unauthorized downloading of copyrighted content is one example: it violates the same principles as a filter against child sex abuse material, but it also doesn’t succeed in its’ goal of helping content businesses innovate their business models, which is why France is considering discontinuing it. [1] Also, other businesses are slowly replacing the old fashioned music-industry, showing that companies on the internet are fully able to survive and thrive by offering copyrighted content online. [2]

When governments do become active in the internet economy, they’re likely to run very high risks. IT projects are very likely to fail, run over budget and time, [3] especially when it concerns governments. [4] This means that governments shouldn’t be ‘going digital’ anytime soon, as the data governments handle is too sensitive. The case of digital signatures is a good example: when the provider of digital signatures for tax and business purposes, DigiNotar, was hacked, it not only comprised the security of Dutch-Iranian citizens, [5] but also hampered government communications. [6]

[1] ‘French anti-p2p agency Hadopi likely to get shut down’. 2012.

[2] Knopper, ‘The New Economics of the Music Industry’. 2011.

[3] Budzier and Flyvbjerg, ‘Why your IT project may be riskier than you think’. 2011.

[4] ‘Government IT Projects: How often is succes even an option?’. 2011.

[5] ‘Fake DigiNotar web certificate risk to Iranians’, 2011.

[6] ‘Dutch government unprepared for SSL hack, report says’, 2012.

By definition, we don’t know what is suppressed by governments; who knows, maybe there are aliens at Roswell, Presley is alive and well and Nixon shot Kennedy. However, unofficial leaks as well as official reclassifications of secret data always excite interest, so it seems reasonable to assume that there is some information that remains classified with good reason. However old information such as military ciphers, designs for armaments and discussions that suggests more than usual levels of incompetence of mendacity among the political classes, they are likely to remain secret – for the excellent reason that confidence in the entire system depends on it. For better or worse, that process tends to be called national security.

Freedom of expression carries with it duties and responsibilities which mean that this freedom may be subject to restrictions or penalties as the European Convention on Human Rights recognises. [1] In this case there is a national security interest and potentially a public safety interest to punish those who are accessing damaging information. Freedom of expression does not therefore apply to extremist websites that are inciting people to engage in acts of terrorism.

[1] Council of Europe, ‘Article 10’, Convention for the Protection of Human Rights and Fundamental Freedoms.

While it may be a journalist’s job and duty to call the government to account this is not the duty of a soldier who is supposed to be following orders. The soldier’s duty in such a situation would have been to report up the chain of command. As the Judge in the case concluded: "There is no need to steal thousands of classified documents in order to bring 'aspects of IDF operations to the public's attention,' or investigate 'war crimes.' Any independent body given those documents, even by someone like the defendant, has no (security) clearance to afford it the review of such military secrets… There was also no need to give a reporter thousands of sensitive documents without discretion." [1]

[1] Lutvitch, Vered, ‘Kam: History forgives those who expose war crimes’, Ynet News.com, 12 April 2010.

Anat Kamm did not leak information that could ever result in the destruction of the Israeli state. Her lawyer argued "It was never her intention to harm the security of the state” and this was accepted by the Israeli state as shown by the plea bargain in which it dropped the charge having the intention to harm the security of the state. [1] If the state’s survival was not at stake then the right to freedom of information clearly applies.

[1] Edelman, Ofra, ‘Tel Aviv court accepts plea bargain in Anat Kamm espionage case’, Haaretz, 6 February 2011.

First the ‘don’t say gay’ bill has not been passed as it was dropped by its republican sponsor Joey Hensley. [1] That this bill is directed at only a few subjects does not mean that it is not about academic freedom and freedom of speech. The bill is simply targeting and highlighting areas where the assembly believes free speech is lacking and alternative views need to be presented.

[1] ‘Tennessee ‘Don’t Say Gay’ Bill To Get Axed’, Huffington Post, 1 May 2012, http://www.huffingtonpost.com/2012/05/01/tennessee-dont-say-gay-bill_n_1...

Drones are an unusual example (though not unique) because they are a new form of warfare over which there are few clear rules and norms. This means that making it transparent will create new norms. However in the vast majority of covert operations if made public they would clearly be illegal and would have to be ended. Drones are also unusual in that the public sees few downsides to the killing, this means there would be less public pressure than in most such operations.

It seems perverse to suggest that consumers of news would be likely to abandon a channel on the basis of one story – or even several. Decisions by consumers of news are determined far more by the general outlook of a channel than by particular stories – it is rare to find individuals who are interested in the entire output of a news organisation.

In addition, new organisations clearly have an interest in covering areas that are ignored by their competitors because it gives them a commercial advantage both through appealing to new groups but also through enhancing their reputation for impartial reporting. There is clearly a gap in the market to provide reporting of gay issues and it therefore should be in news organisations interests to fill that gap. This is exactly what al Jazeera did when it was set up; it filled a gap left by the closure of BBC Arabic for a broadcaster that is willing to "report the news as they see it." [1]

[1] ‘History of Al Jazeera Television’, Allied Media Corp, http://allied-media.com/aljazeera/jazeera_history.html accessed 14 August 2012

This is an excellent reason why as much information as possible should be publically and internationally available [i] . China’s entry into the Korean war was justified on grounds of national security at the time and that line has been doggedly followed since. Truman thought it was “a bald attempt to blackmail the UN” [ii] at the time and the opinion of many has not changed since. The US and Korea have had to face some of their demons about the war since; why not China? It is also difficult to see what this has to do with the foundational myths of the Chinese state, which go back thousands of years, or even the Communist party which come from the long march and the second world war. And if indeed it is a ‘myth’ then is there not a duty to show that this historical record is wrong? National identity should be built on the basis of facts not manufactured mythologies.

[i] Eurozine. Danuta Glondys, Arne Ruth. Breaking the Bonds of National Mythology. 14 March 2011.

[ii] China intervenes (October – December 1950). Korean War. Wikipedia.

Instruction: Given a claim, retrieve documents that refute the claim


Question:
Teaching creationism as well as evolution gives students freedom to choose

This bill that opens the door to creationism is really about changing the way that teaching is done to make it more critical and analytical. This is an improvement in scientific education as it will help ensure that science is about critical, constructive discourse rather than just imbibing ‘facts’. [1] This bill aims to “inform students about scientific evidence and to help students develop critical thinking skills necessary to becoming intelligent, productive, and scientifically informed citizens”. [2] How can students be critical and learn to analyse if there is only one theory available to them through which to look at and analyse those facts? That would not be education, it would be indoctrination. [3]

[1] Zimmer, Robin, ‘Critical Thinking, Analysis Foster Good Science’, The Tennessean, 11 March 2011, http://www.discovery.org/a/16591

[2] Dunn, ‘House Bill 368 An Act to amend Tennessee Code Annotated, Title 49, Chapter 6, Part 10, relative to teaching scientific subjects in elementary schools’’, State of Tennessee, http://www.capitol.tn.gov/Bills/107/Bill/HB0368.pdf

[3] ‘New Tennessee law: encouraging creationism or academic freedom’, Public Radio International, 23 April 2012, http://www.pri.org/stories/politics-society/new-tennessee-law-encouraging-creationism-or-academic-freedom-9548.html

Teaching just evolution does not prevent teacher encouraging students to analyse how well evolution fits with the facts the students have learned. Similarly there can still be critical discourse in the classroom; analysing a fossil to decide what kind of animal it was and what its various parts of its anatomy were for would be just as rewarding for students. Moreover analysing on a smaller scale would mean having all the available evidence whereas students could never be expected to study all the evidence on creationism and evolution.

Government shouldn’t interfere with the internet economy

It almost never ends well when governments interfere with the internet economy. The graduated response policy against the unauthorized downloading of copyrighted content is one example: it violates the same principles as a filter against child sex abuse material, but it also doesn’t succeed in its’ goal of helping content businesses innovate their business models, which is why France is considering discontinuing it. [1] Also, other businesses are slowly replacing the old fashioned music-industry, showing that companies on the internet are fully able to survive and thrive by offering copyrighted content online. [2]

When governments do become active in the internet economy, they’re likely to run very high risks. IT projects are very likely to fail, run over budget and time, [3] especially when it concerns governments. [4] This means that governments shouldn’t be ‘going digital’ anytime soon, as the data governments handle is too sensitive. The case of digital signatures is a good example: when the provider of digital signatures for tax and business purposes, DigiNotar, was hacked, it not only comprised the security of Dutch-Iranian citizens, [5] but also hampered government communications. [6]

[1] ‘French anti-p2p agency Hadopi likely to get shut down’. 2012.

[2] Knopper, ‘The New Economics of the Music Industry’. 2011.

[3] Budzier and Flyvbjerg, ‘Why your IT project may be riskier than you think’. 2011.

[4] ‘Government IT Projects: How often is succes even an option?’. 2011.

[5] ‘Fake DigiNotar web certificate risk to Iranians’, 2011.

[6] ‘Dutch government unprepared for SSL hack, report says’, 2012.

By definition, we don’t know what is suppressed by governments; who knows, maybe there are aliens at Roswell, Presley is alive and well and Nixon shot Kennedy. However, unofficial leaks as well as official reclassifications of secret data always excite interest, so it seems reasonable to assume that there is some information that remains classified with good reason. However old information such as military ciphers, designs for armaments and discussions that suggests more than usual levels of incompetence of mendacity among the political classes, they are likely to remain secret – for the excellent reason that confidence in the entire system depends on it. For better or worse, that process tends to be called national security.

Freedom of expression carries with it duties and responsibilities which mean that this freedom may be subject to restrictions or penalties as the European Convention on Human Rights recognises. [1] In this case there is a national security interest and potentially a public safety interest to punish those who are accessing damaging information. Freedom of expression does not therefore apply to extremist websites that are inciting people to engage in acts of terrorism.

[1] Council of Europe, ‘Article 10’, Convention for the Protection of Human Rights and Fundamental Freedoms.

While it may be a journalist’s job and duty to call the government to account this is not the duty of a soldier who is supposed to be following orders. The soldier’s duty in such a situation would have been to report up the chain of command. As the Judge in the case concluded: "There is no need to steal thousands of classified documents in order to bring 'aspects of IDF operations to the public's attention,' or investigate 'war crimes.' Any independent body given those documents, even by someone like the defendant, has no (security) clearance to afford it the review of such military secrets… There was also no need to give a reporter thousands of sensitive documents without discretion." [1]

[1] Lutvitch, Vered, ‘Kam: History forgives those who expose war crimes’, Ynet News.com, 12 April 2010.

Anat Kamm did not leak information that could ever result in the destruction of the Israeli state. Her lawyer argued "It was never her intention to harm the security of the state” and this was accepted by the Israeli state as shown by the plea bargain in which it dropped the charge having the intention to harm the security of the state. [1] If the state’s survival was not at stake then the right to freedom of information clearly applies.

[1] Edelman, Ofra, ‘Tel Aviv court accepts plea bargain in Anat Kamm espionage case’, Haaretz, 6 February 2011.

Drones are an unusual example (though not unique) because they are a new form of warfare over which there are few clear rules and norms. This means that making it transparent will create new norms. However in the vast majority of covert operations if made public they would clearly be illegal and would have to be ended. Drones are also unusual in that the public sees few downsides to the killing, this means there would be less public pressure than in most such operations.

It seems perverse to suggest that consumers of news would be likely to abandon a channel on the basis of one story – or even several. Decisions by consumers of news are determined far more by the general outlook of a channel than by particular stories – it is rare to find individuals who are interested in the entire output of a news organisation.

In addition, new organisations clearly have an interest in covering areas that are ignored by their competitors because it gives them a commercial advantage both through appealing to new groups but also through enhancing their reputation for impartial reporting. There is clearly a gap in the market to provide reporting of gay issues and it therefore should be in news organisations interests to fill that gap. This is exactly what al Jazeera did when it was set up; it filled a gap left by the closure of BBC Arabic for a broadcaster that is willing to "report the news as they see it." [1]

[1] ‘History of Al Jazeera Television’, Allied Media Corp, http://allied-media.com/aljazeera/jazeera_history.html accessed 14 August 2012

This is an excellent reason why as much information as possible should be publically and internationally available [i] . China’s entry into the Korean war was justified on grounds of national security at the time and that line has been doggedly followed since. Truman thought it was “a bald attempt to blackmail the UN” [ii] at the time and the opinion of many has not changed since. The US and Korea have had to face some of their demons about the war since; why not China? It is also difficult to see what this has to do with the foundational myths of the Chinese state, which go back thousands of years, or even the Communist party which come from the long march and the second world war. And if indeed it is a ‘myth’ then is there not a duty to show that this historical record is wrong? National identity should be built on the basis of facts not manufactured mythologies.

[i] Eurozine. Danuta Glondys, Arne Ruth. Breaking the Bonds of National Mythology. 14 March 2011.

[ii] China intervenes (October – December 1950). Korean War. Wikipedia.

While a country is entitled to promote its own national story, its own interpretation of events and create its own national heroes however it is not entitled to suppress historical events and so blot things out of history by preventing any competing ideas about that history. Most people learn their history through the state education system rather than through scholar’s history books so having competing narratives is not a threat to the state’s interpretation.

Role models are not undermined by having some minor faults.

The proposition is assuming that we know what effect visiting extremist websites will have, we don’t. For some regularly visiting websites that promote violence may end up sickening them and encouraging them to re-evaluate their views rather than further radicalising them. The best way to prevent heinous terrorist acts is not to lock people up on minor offenses but to amass evidence of the much larger offences they are planning and convict them for those offenses rather than a law that will catch many innocents as well as the guilty.

Instruction: Given a claim, retrieve documents that refute the claim


Question:
The bill does not exclude evolution just allows room for other theories

What this bill allows is for the facts to be taught and then seen through the lens of various theories. The bill requires that the schools within the state remain within the state science curriculum. It “protects the teaching of scientific information, and shall not be construed to promote any religious or non-religious doctrine”. [1] Evolution will therefore still have to be taught and won’t be replaced wholesale by any other theory. The result therefore is that this Tennessee law opens up academic enquiry and science rather than shutting it down as opponents claim.

[1] Dunn, ‘House Bill 368 An Act to amend Tennessee Code Annotated, Title 49, Chapter 6, Part 10, relative to teaching scientific subjects in elementary schools’’, State of Tennessee, http://www.capitol.tn.gov/Bills/107/Bill/HB0368.pdf

In practice allowing room for other theories is a “permission slip for teachers to bring creationism, climate-change denial and other non-science into science classrooms”. The singling out of these subjects in the bill shows that it is not about impartiality and objectivity in science. [1] Instead it is promoting a kind of science denial allowing anyone with some quack theory to demand to be allowed to teach it regardless of the evidence.

[1] Thompson, Helen, ‘Tennessee ‘monkey bill’ becomes law’, nature, 11 April 2012, http://www.nature.com/news/tennessee-monkey-bill-becomes-law-1.10423

Government shouldn’t interfere with the internet economy

It almost never ends well when governments interfere with the internet economy. The graduated response policy against the unauthorized downloading of copyrighted content is one example: it violates the same principles as a filter against child sex abuse material, but it also doesn’t succeed in its’ goal of helping content businesses innovate their business models, which is why France is considering discontinuing it. [1] Also, other businesses are slowly replacing the old fashioned music-industry, showing that companies on the internet are fully able to survive and thrive by offering copyrighted content online. [2]

When governments do become active in the internet economy, they’re likely to run very high risks. IT projects are very likely to fail, run over budget and time, [3] especially when it concerns governments. [4] This means that governments shouldn’t be ‘going digital’ anytime soon, as the data governments handle is too sensitive. The case of digital signatures is a good example: when the provider of digital signatures for tax and business purposes, DigiNotar, was hacked, it not only comprised the security of Dutch-Iranian citizens, [5] but also hampered government communications. [6]

[1] ‘French anti-p2p agency Hadopi likely to get shut down’. 2012.

[2] Knopper, ‘The New Economics of the Music Industry’. 2011.

[3] Budzier and Flyvbjerg, ‘Why your IT project may be riskier than you think’. 2011.

[4] ‘Government IT Projects: How often is succes even an option?’. 2011.

[5] ‘Fake DigiNotar web certificate risk to Iranians’, 2011.

[6] ‘Dutch government unprepared for SSL hack, report says’, 2012.

By definition, we don’t know what is suppressed by governments; who knows, maybe there are aliens at Roswell, Presley is alive and well and Nixon shot Kennedy. However, unofficial leaks as well as official reclassifications of secret data always excite interest, so it seems reasonable to assume that there is some information that remains classified with good reason. However old information such as military ciphers, designs for armaments and discussions that suggests more than usual levels of incompetence of mendacity among the political classes, they are likely to remain secret – for the excellent reason that confidence in the entire system depends on it. For better or worse, that process tends to be called national security.

Freedom of expression carries with it duties and responsibilities which mean that this freedom may be subject to restrictions or penalties as the European Convention on Human Rights recognises. [1] In this case there is a national security interest and potentially a public safety interest to punish those who are accessing damaging information. Freedom of expression does not therefore apply to extremist websites that are inciting people to engage in acts of terrorism.

[1] Council of Europe, ‘Article 10’, Convention for the Protection of Human Rights and Fundamental Freedoms.

While it may be a journalist’s job and duty to call the government to account this is not the duty of a soldier who is supposed to be following orders. The soldier’s duty in such a situation would have been to report up the chain of command. As the Judge in the case concluded: "There is no need to steal thousands of classified documents in order to bring 'aspects of IDF operations to the public's attention,' or investigate 'war crimes.' Any independent body given those documents, even by someone like the defendant, has no (security) clearance to afford it the review of such military secrets… There was also no need to give a reporter thousands of sensitive documents without discretion." [1]

[1] Lutvitch, Vered, ‘Kam: History forgives those who expose war crimes’, Ynet News.com, 12 April 2010.

Anat Kamm did not leak information that could ever result in the destruction of the Israeli state. Her lawyer argued "It was never her intention to harm the security of the state” and this was accepted by the Israeli state as shown by the plea bargain in which it dropped the charge having the intention to harm the security of the state. [1] If the state’s survival was not at stake then the right to freedom of information clearly applies.

[1] Edelman, Ofra, ‘Tel Aviv court accepts plea bargain in Anat Kamm espionage case’, Haaretz, 6 February 2011.

Drones are an unusual example (though not unique) because they are a new form of warfare over which there are few clear rules and norms. This means that making it transparent will create new norms. However in the vast majority of covert operations if made public they would clearly be illegal and would have to be ended. Drones are also unusual in that the public sees few downsides to the killing, this means there would be less public pressure than in most such operations.

It seems perverse to suggest that consumers of news would be likely to abandon a channel on the basis of one story – or even several. Decisions by consumers of news are determined far more by the general outlook of a channel than by particular stories – it is rare to find individuals who are interested in the entire output of a news organisation.

In addition, new organisations clearly have an interest in covering areas that are ignored by their competitors because it gives them a commercial advantage both through appealing to new groups but also through enhancing their reputation for impartial reporting. There is clearly a gap in the market to provide reporting of gay issues and it therefore should be in news organisations interests to fill that gap. This is exactly what al Jazeera did when it was set up; it filled a gap left by the closure of BBC Arabic for a broadcaster that is willing to "report the news as they see it." [1]

[1] ‘History of Al Jazeera Television’, Allied Media Corp, http://allied-media.com/aljazeera/jazeera_history.html accessed 14 August 2012

This is an excellent reason why as much information as possible should be publically and internationally available [i] . China’s entry into the Korean war was justified on grounds of national security at the time and that line has been doggedly followed since. Truman thought it was “a bald attempt to blackmail the UN” [ii] at the time and the opinion of many has not changed since. The US and Korea have had to face some of their demons about the war since; why not China? It is also difficult to see what this has to do with the foundational myths of the Chinese state, which go back thousands of years, or even the Communist party which come from the long march and the second world war. And if indeed it is a ‘myth’ then is there not a duty to show that this historical record is wrong? National identity should be built on the basis of facts not manufactured mythologies.

[i] Eurozine. Danuta Glondys, Arne Ruth. Breaking the Bonds of National Mythology. 14 March 2011.

[ii] China intervenes (October – December 1950). Korean War. Wikipedia.

While a country is entitled to promote its own national story, its own interpretation of events and create its own national heroes however it is not entitled to suppress historical events and so blot things out of history by preventing any competing ideas about that history. Most people learn their history through the state education system rather than through scholar’s history books so having competing narratives is not a threat to the state’s interpretation.

Role models are not undermined by having some minor faults.

The proposition is assuming that we know what effect visiting extremist websites will have, we don’t. For some regularly visiting websites that promote violence may end up sickening them and encouraging them to re-evaluate their views rather than further radicalising them. The best way to prevent heinous terrorist acts is not to lock people up on minor offenses but to amass evidence of the much larger offences they are planning and convict them for those offenses rather than a law that will catch many innocents as well as the guilty.

Instruction: Given a claim, retrieve documents that refute the claim


Question:
Freedom of speech should apply to teachers as much as anyone else

Freedom of speech and expression are protected by the first amendment to the US constitution [1] and teachers are entitled to freedom of speech and their academic freedom as much as anyone else. If a science teacher does not believe that the evidence supports evolution then why should s/he have to teach evolution as fact rather than just as one of several competing theories? The Tennessee bill protects freedom of expression by freeing teachers to include whatever other angles on controversies such as evolution or climate change as they wish.

[1] Legal Information Institute, ‘First Amendment: An overview’, Cornell University Law School, 19 August 2010, http://www.law.cornell.edu/wex/First_amendment

This is not a freedom of speech issue. Teachers are already free to express their own views during their own free time. When teaching in a school however they are limited by the demands of what is necessary to teach their pupils. Freedom of speech does not give teachers qualified in one subject the wherewithal to teach their class a different subject which is effectively what teaching creationism means. Creationism should remain in religion classes and evolution should remain in science classes. Teachers are employed by the state in order to teach children facts, not spread personal ideology. It is therefore best to seperate facts and ideas into seperate subjects.

Government shouldn’t interfere with the internet economy

It almost never ends well when governments interfere with the internet economy. The graduated response policy against the unauthorized downloading of copyrighted content is one example: it violates the same principles as a filter against child sex abuse material, but it also doesn’t succeed in its’ goal of helping content businesses innovate their business models, which is why France is considering discontinuing it. [1] Also, other businesses are slowly replacing the old fashioned music-industry, showing that companies on the internet are fully able to survive and thrive by offering copyrighted content online. [2]

When governments do become active in the internet economy, they’re likely to run very high risks. IT projects are very likely to fail, run over budget and time, [3] especially when it concerns governments. [4] This means that governments shouldn’t be ‘going digital’ anytime soon, as the data governments handle is too sensitive. The case of digital signatures is a good example: when the provider of digital signatures for tax and business purposes, DigiNotar, was hacked, it not only comprised the security of Dutch-Iranian citizens, [5] but also hampered government communications. [6]

[1] ‘French anti-p2p agency Hadopi likely to get shut down’. 2012.

[2] Knopper, ‘The New Economics of the Music Industry’. 2011.

[3] Budzier and Flyvbjerg, ‘Why your IT project may be riskier than you think’. 2011.

[4] ‘Government IT Projects: How often is succes even an option?’. 2011.

[5] ‘Fake DigiNotar web certificate risk to Iranians’, 2011.

[6] ‘Dutch government unprepared for SSL hack, report says’, 2012.

By definition, we don’t know what is suppressed by governments; who knows, maybe there are aliens at Roswell, Presley is alive and well and Nixon shot Kennedy. However, unofficial leaks as well as official reclassifications of secret data always excite interest, so it seems reasonable to assume that there is some information that remains classified with good reason. However old information such as military ciphers, designs for armaments and discussions that suggests more than usual levels of incompetence of mendacity among the political classes, they are likely to remain secret – for the excellent reason that confidence in the entire system depends on it. For better or worse, that process tends to be called national security.

Freedom of expression carries with it duties and responsibilities which mean that this freedom may be subject to restrictions or penalties as the European Convention on Human Rights recognises. [1] In this case there is a national security interest and potentially a public safety interest to punish those who are accessing damaging information. Freedom of expression does not therefore apply to extremist websites that are inciting people to engage in acts of terrorism.

[1] Council of Europe, ‘Article 10’, Convention for the Protection of Human Rights and Fundamental Freedoms.

While it may be a journalist’s job and duty to call the government to account this is not the duty of a soldier who is supposed to be following orders. The soldier’s duty in such a situation would have been to report up the chain of command. As the Judge in the case concluded: "There is no need to steal thousands of classified documents in order to bring 'aspects of IDF operations to the public's attention,' or investigate 'war crimes.' Any independent body given those documents, even by someone like the defendant, has no (security) clearance to afford it the review of such military secrets… There was also no need to give a reporter thousands of sensitive documents without discretion." [1]

[1] Lutvitch, Vered, ‘Kam: History forgives those who expose war crimes’, Ynet News.com, 12 April 2010.

Anat Kamm did not leak information that could ever result in the destruction of the Israeli state. Her lawyer argued "It was never her intention to harm the security of the state” and this was accepted by the Israeli state as shown by the plea bargain in which it dropped the charge having the intention to harm the security of the state. [1] If the state’s survival was not at stake then the right to freedom of information clearly applies.

[1] Edelman, Ofra, ‘Tel Aviv court accepts plea bargain in Anat Kamm espionage case’, Haaretz, 6 February 2011.

Drones are an unusual example (though not unique) because they are a new form of warfare over which there are few clear rules and norms. This means that making it transparent will create new norms. However in the vast majority of covert operations if made public they would clearly be illegal and would have to be ended. Drones are also unusual in that the public sees few downsides to the killing, this means there would be less public pressure than in most such operations.

It seems perverse to suggest that consumers of news would be likely to abandon a channel on the basis of one story – or even several. Decisions by consumers of news are determined far more by the general outlook of a channel than by particular stories – it is rare to find individuals who are interested in the entire output of a news organisation.

In addition, new organisations clearly have an interest in covering areas that are ignored by their competitors because it gives them a commercial advantage both through appealing to new groups but also through enhancing their reputation for impartial reporting. There is clearly a gap in the market to provide reporting of gay issues and it therefore should be in news organisations interests to fill that gap. This is exactly what al Jazeera did when it was set up; it filled a gap left by the closure of BBC Arabic for a broadcaster that is willing to "report the news as they see it." [1]

[1] ‘History of Al Jazeera Television’, Allied Media Corp, http://allied-media.com/aljazeera/jazeera_history.html accessed 14 August 2012

This is an excellent reason why as much information as possible should be publically and internationally available [i] . China’s entry into the Korean war was justified on grounds of national security at the time and that line has been doggedly followed since. Truman thought it was “a bald attempt to blackmail the UN” [ii] at the time and the opinion of many has not changed since. The US and Korea have had to face some of their demons about the war since; why not China? It is also difficult to see what this has to do with the foundational myths of the Chinese state, which go back thousands of years, or even the Communist party which come from the long march and the second world war. And if indeed it is a ‘myth’ then is there not a duty to show that this historical record is wrong? National identity should be built on the basis of facts not manufactured mythologies.

[i] Eurozine. Danuta Glondys, Arne Ruth. Breaking the Bonds of National Mythology. 14 March 2011.

[ii] China intervenes (October – December 1950). Korean War. Wikipedia.

While a country is entitled to promote its own national story, its own interpretation of events and create its own national heroes however it is not entitled to suppress historical events and so blot things out of history by preventing any competing ideas about that history. Most people learn their history through the state education system rather than through scholar’s history books so having competing narratives is not a threat to the state’s interpretation.

Role models are not undermined by having some minor faults.

The proposition is assuming that we know what effect visiting extremist websites will have, we don’t. For some regularly visiting websites that promote violence may end up sickening them and encouraging them to re-evaluate their views rather than further radicalising them. The best way to prevent heinous terrorist acts is not to lock people up on minor offenses but to amass evidence of the much larger offences they are planning and convict them for those offenses rather than a law that will catch many innocents as well as the guilty.

Instruction: Given a claim, retrieve documents that refute the claim


Question:
Children should have the freedom not to be misled

Part of freedom of speech is the freedom to get accurate information. The students in school have this right not to be misled by their teachers [1] so teachers should have to concentrate on providing facts and evidence and what has been scientifically proven. Eugenie C. Scott of the National Center for Science Education argues “Telling students that evolution and climate change are scientifically controversial is miseducating them” because there is no controversy among scientists. [2] The law as it stands may attempt to sound balanced but preventing “discrimination for or against religion or non-religion” [3] opens the door to any theory seeking to explain the evidence no matter how flawed. This would be directly counter to the objective teaching the bill claims to promote. If there is to be objectivity schools must stick to the evidence and what it shows; evolution. The teachers may of course encourage the students to come up with their own interpretations of the evidence but should not be attempting to force their own views upon the students.

[1] Zabarenko, Deborah, ‘Tennessee teacher law could boost creationism, climate denial’, Reuters, 13 April 2012, http://www.reuters.com/article/2012/04/13/us-usa-education-tennessee-idUSBRE83C0JR20120413

[2] Strauss, Valerie, ‘Tennessee back to the future with new anti-evolution law’, Post Local, 11 April 2012, http://www.washingtonpost.com/blogs/answer-sheet/post/tennessee-back-to-the-future-with-new-anti-evolution-law/2012/04/11/gIQAJb7g9S_blog.html

[3] Dunn, ‘House Bill 368 An Act to amend Tennessee Code Annotated, Title 49, Chapter 6, Part 10, relative to teaching scientific subjects in elementary schools’’, State of Tennessee, http://www.capitol.tn.gov/Bills/107/Bill/HB0368.pdf

It is unquestioningly taking the ‘consensus’ view on issues like evolution and climate change that is misleading children. Teaching only the one viewpoint misleads children into thinking that the issue is fact and settled so denying the ongoing controversies in each of these areas. [1]

[1] Zabarenko, Deborah, ‘Tennessee teacher law could boost creationism, climate denial’, Reuters, 13 April 2012, http://www.reuters.com/article/2012/04/13/us-usa-education-tennessee-idUSBRE83C0JR20120413

Government shouldn’t interfere with the internet economy

It almost never ends well when governments interfere with the internet economy. The graduated response policy against the unauthorized downloading of copyrighted content is one example: it violates the same principles as a filter against child sex abuse material, but it also doesn’t succeed in its’ goal of helping content businesses innovate their business models, which is why France is considering discontinuing it. [1] Also, other businesses are slowly replacing the old fashioned music-industry, showing that companies on the internet are fully able to survive and thrive by offering copyrighted content online. [2]

When governments do become active in the internet economy, they’re likely to run very high risks. IT projects are very likely to fail, run over budget and time, [3] especially when it concerns governments. [4] This means that governments shouldn’t be ‘going digital’ anytime soon, as the data governments handle is too sensitive. The case of digital signatures is a good example: when the provider of digital signatures for tax and business purposes, DigiNotar, was hacked, it not only comprised the security of Dutch-Iranian citizens, [5] but also hampered government communications. [6]

[1] ‘French anti-p2p agency Hadopi likely to get shut down’. 2012.

[2] Knopper, ‘The New Economics of the Music Industry’. 2011.

[3] Budzier and Flyvbjerg, ‘Why your IT project may be riskier than you think’. 2011.

[4] ‘Government IT Projects: How often is succes even an option?’. 2011.

[5] ‘Fake DigiNotar web certificate risk to Iranians’, 2011.

[6] ‘Dutch government unprepared for SSL hack, report says’, 2012.

By definition, we don’t know what is suppressed by governments; who knows, maybe there are aliens at Roswell, Presley is alive and well and Nixon shot Kennedy. However, unofficial leaks as well as official reclassifications of secret data always excite interest, so it seems reasonable to assume that there is some information that remains classified with good reason. However old information such as military ciphers, designs for armaments and discussions that suggests more than usual levels of incompetence of mendacity among the political classes, they are likely to remain secret – for the excellent reason that confidence in the entire system depends on it. For better or worse, that process tends to be called national security.

Freedom of expression carries with it duties and responsibilities which mean that this freedom may be subject to restrictions or penalties as the European Convention on Human Rights recognises. [1] In this case there is a national security interest and potentially a public safety interest to punish those who are accessing damaging information. Freedom of expression does not therefore apply to extremist websites that are inciting people to engage in acts of terrorism.

[1] Council of Europe, ‘Article 10’, Convention for the Protection of Human Rights and Fundamental Freedoms.

While it may be a journalist’s job and duty to call the government to account this is not the duty of a soldier who is supposed to be following orders. The soldier’s duty in such a situation would have been to report up the chain of command. As the Judge in the case concluded: "There is no need to steal thousands of classified documents in order to bring 'aspects of IDF operations to the public's attention,' or investigate 'war crimes.' Any independent body given those documents, even by someone like the defendant, has no (security) clearance to afford it the review of such military secrets… There was also no need to give a reporter thousands of sensitive documents without discretion." [1]

[1] Lutvitch, Vered, ‘Kam: History forgives those who expose war crimes’, Ynet News.com, 12 April 2010.

Anat Kamm did not leak information that could ever result in the destruction of the Israeli state. Her lawyer argued "It was never her intention to harm the security of the state” and this was accepted by the Israeli state as shown by the plea bargain in which it dropped the charge having the intention to harm the security of the state. [1] If the state’s survival was not at stake then the right to freedom of information clearly applies.

[1] Edelman, Ofra, ‘Tel Aviv court accepts plea bargain in Anat Kamm espionage case’, Haaretz, 6 February 2011.

Drones are an unusual example (though not unique) because they are a new form of warfare over which there are few clear rules and norms. This means that making it transparent will create new norms. However in the vast majority of covert operations if made public they would clearly be illegal and would have to be ended. Drones are also unusual in that the public sees few downsides to the killing, this means there would be less public pressure than in most such operations.

It seems perverse to suggest that consumers of news would be likely to abandon a channel on the basis of one story – or even several. Decisions by consumers of news are determined far more by the general outlook of a channel than by particular stories – it is rare to find individuals who are interested in the entire output of a news organisation.

In addition, new organisations clearly have an interest in covering areas that are ignored by their competitors because it gives them a commercial advantage both through appealing to new groups but also through enhancing their reputation for impartial reporting. There is clearly a gap in the market to provide reporting of gay issues and it therefore should be in news organisations interests to fill that gap. This is exactly what al Jazeera did when it was set up; it filled a gap left by the closure of BBC Arabic for a broadcaster that is willing to "report the news as they see it." [1]

[1] ‘History of Al Jazeera Television’, Allied Media Corp, http://allied-media.com/aljazeera/jazeera_history.html accessed 14 August 2012

This is an excellent reason why as much information as possible should be publically and internationally available [i] . China’s entry into the Korean war was justified on grounds of national security at the time and that line has been doggedly followed since. Truman thought it was “a bald attempt to blackmail the UN” [ii] at the time and the opinion of many has not changed since. The US and Korea have had to face some of their demons about the war since; why not China? It is also difficult to see what this has to do with the foundational myths of the Chinese state, which go back thousands of years, or even the Communist party which come from the long march and the second world war. And if indeed it is a ‘myth’ then is there not a duty to show that this historical record is wrong? National identity should be built on the basis of facts not manufactured mythologies.

[i] Eurozine. Danuta Glondys, Arne Ruth. Breaking the Bonds of National Mythology. 14 March 2011.

[ii] China intervenes (October – December 1950). Korean War. Wikipedia.

While a country is entitled to promote its own national story, its own interpretation of events and create its own national heroes however it is not entitled to suppress historical events and so blot things out of history by preventing any competing ideas about that history. Most people learn their history through the state education system rather than through scholar’s history books so having competing narratives is not a threat to the state’s interpretation.

Role models are not undermined by having some minor faults.

The proposition is assuming that we know what effect visiting extremist websites will have, we don’t. For some regularly visiting websites that promote violence may end up sickening them and encouraging them to re-evaluate their views rather than further radicalising them. The best way to prevent heinous terrorist acts is not to lock people up on minor offenses but to amass evidence of the much larger offences they are planning and convict them for those offenses rather than a law that will catch many innocents as well as the guilty.

Instruction: Given a claim, retrieve documents that refute the claim