blueollie

23 December 09, midday

It is rainy and nasty outside, though much if not all of the snow is gone. :)

Workout notes the pool was closed (no lifeguard), so I did weights, 1.25 miles of running, and about 6 miles of elliptical/stair master stuff.

Breakdown: weights: dumbbells: curls: 2 sets of 10 with 25, military: 10 with 35, 10 with 40, bench: 10 with 50, 10 with 55.
Lat pulldowns: 2 sets of 10 with 120
Pull ups: 2 sets of 5
Bench press (barbell): 5 x 135, 2 x 155, 1 x 175 (not easy).
I am weak.
Then I did some yoga stretches.

Then 12 minutes on the treadmill (1.25 miles; varied the speed from 10 mpm to 8:57 mpm)
2.05 miles on the elliptical, 2.20 miles on the stairmaster (really focused on “no rails” as much as possible on the first 10 minutes), 1.6 miles on the elliptical (“gluteal” program)

Injury: some slight pain at the end of the stairmaster; it went away with stretches.

Comment:

(hat tip: Alan Colmes)

December 23, 2009 Posted by | injury, political humor, politics, politics/social, running, training | Leave a Comment

End of the Year Posts: Favorite Issues Blogs

Ok, the grades are in, the family is away and so I can just type some silly posts (yes, I will get some research done this break!)

This post will be the first in the series of “the best X” of the year.

Blogroll These blogs/websites were my favorites of the year (in no particular order)

Daily Kos. Yes, my fellow progressives sometimes have me reaching for the pink bismuth; you do get a lot of noise from those who have never faced the challenges of holding elective office. But it is also the kind of place where you can make a quantum mechanics joke…and not only will some others get it, others might even correct you on a nuance!

As far as the politics, this is an example of Daily Kos at its best.

Paul Krugman Hard hitting and insightful. Here is one of his articles on economics in which he blisters the….over-reliance on mathematical models!

Robert Reich No, he doesn’t write as much as Krugman does, but his articles are well worth reading. Here is one example. Yes, it is critical of President Obama’s caution on economic matters.

Legal Satyricon Yes, this civil liberties attorney uses over the top language, and it is very easy to end up on his “asshat” list. :) But he does a great job of explaining the legal issues to the lay-person and of pointing out the harm that well intentioned censorship can cause. Here is an example of his discussing obscenity laws.

Why Evolution is True Jerry Coyne is a world class scientist and a best selling author. His blog keeps you up to date on new discoveries in evolution and new results in zoology. He also pulls no punches on his assault on superstition.

The Conservation Report: not updated all that often but the Animal Camouflage series is fun!

Cosmic Variance: great updates on cosmology and astronomy, with an occasional dash of humor.

538.com: Nate Silver’s excellent statistics and politics blog. This is a sample of the well thought out, evidence based ideas that you’ll find here.

3 Quarks Daily: ok this is a link dump, but it provides links to a wide variety of articles on a variety of topics:

example one, example two, example three. They also have stuff on the arts (which I usually skip over); this is sort of like a Utne reader of the internet.

Schneier on Securty I am not a security professional, but most of these articles are interesting to read. Here is the article that lead me to his blog to begin with.

Fail Blog: good for the belly laugh.

Of course, these aren’t the only blogs that I read and follow.

December 23, 2009 Posted by | blog humor, Blogroll, Personal Issues | 1 Comment

Contestant Fail « FAIL Blog: Epic Fail Pictures and Videos of Owned, Pwnd and Fail Moments

more about "Contestant Fail « FAIL Blog: Epic Fai…", posted with vodpod

December 23, 2009 Posted by | humor, morons | Leave a Comment

Health Care Reaction: Circular Firing Squad at Daily Kos

During the campaign for President, then Senator Obama did put out his plan, which you can read here:

Quality, Affordable Choices
If You Don’t Have Insurance, the Obama Plan:

* Creates a new insurance marketplace — the Exchange — that allows people without insurance and small businesses to compare plans and buy insurance at competitive prices.
* Provides new tax credits to help people buy insurance.
* Provides small businesses tax credits and affordable options for covering employees.
* Offers a public health insurance option to provide the uninsured and those who can’t find affordable coverage with a real choice.
* Immediately offers new, low-cost coverage through a national “high risk” pool to protect people with preexisting conditions from financial ruin until the new Exchange is created.

Looking at the bills in Congress, it appears that the Senate bill has 4 out of 5 elements, whereas the House has 5 out of 5 (albeit a weak public option).

When asked about criticism of the Senate health care bill, the President had this to say:

Although Obama noted in the interview that “the most important thing we did this year was to ensure that the financial system did not collapse,” health-care reform dominated his agenda and will stand as at least one pillar of the legacy he leaves behind. He has come under sharp criticism for the size and shape of the legislation, including from former Democratic Party chairman Howard Dean, who has said he would prefer that the Senate defeat the bill rather than pass what he considers weak legislation.

In the interview, Obama vigorously defended the legislation, saying he is “not just grudgingly supporting the bill. I am very enthusiastic about what we have achieved.”

“Nowhere has there been a bigger gap between the perceptions of compromise and the realities of compromise than in the health-care bill,” Obama said. “Every single criteria for reform I put forward is in this bill.”

In listing those priorities, he cited the 30 million uninsured Americans projected to receive coverage, estimated savings of more than $1 trillion over the next two decades, a “patients’ bill of rights on steroids,” and tax breaks to help small businesses pay for employee coverage.

Those elements are in the House and Senate versions of the legislation; their competing proposals will have to be reconciled in conference committee next year. The House bill includes a government-run insurance plan favored by progressive Democrats; the Senate version does not. “I didn’t campaign on the public option,” Obama said in the interview.

Throughout the health-care debate, the president has declined to weigh in with specific preferences. The tactic has exasperated his supporters, but his advisers have deemed it key in keeping the bill moving through a balky Congress. Obama called the public option his preferred choice to ensure broad coverage and provide cost-cutting competition to the private insurers. But he has never demanded that it be part of a final bill.

“We don’t feel that the core elements to help the American people have been compromised in any significant way,” Obama said. “Do these pieces of legislation have exactly everything I want? Of course not. But they have the things that are necessary to reduce costs for businesses, families and the government.”

So, what we see here is a President who made health care reform a big part of his platform, put out the plan that he would push for, and now we see the plans that Congress has came up with.

Sure, one can criticize the plans, or say that the President didn’t do a good job (though I wonder how he was to get conservative Senators to vote like liberals or to use reconciliation measures on a bill that was losing popularity but never mind).

Surely, people knew that the plan he proposed as a candidate was just that: a plan; what he was going to strive for, right?

But oh no; now we have the liberal circular firing squad at Daily Kos screaming that the President is lying, sold us out, or whatever.

There are scattered voices of reason here and there:

A candidate does not “campaign on” every single detail in every policy position paper they put out in a campaign, or mention in a debate. They campaign on the things that they present as their major priorities and reasons for running. Barack Obama did not run for president to establish a public option, and it was not a central plank in his campaign. So he is being entirely truthful.

As for the observation that every single priority he stated was in the bill, that’s true. Not everything he proposed in the campaign was one of his priorities for health care reform. These are the principles he stated as priorities. The public option was not one of them.

But when I get disgusted with people at Daily Kos…I see this:

December 23, 2009 Posted by | health care, morons, politics, politics/social, ranting, religion, republicans, superstition | Leave a Comment

Health Care: Some Competing Views

The Senate agreed to cloture on the Senate Health Care Reform bill, and the actual “up or down” vote will take place within a couple of days. If passed (which seems likely, as the bill only needs 51 votes; it was cloture that required 60), the bill would go to conference where the differences between the House version and the Senate version will be ironed out.

So here are some views: in order, The President, Republican (via Dick Morris), Liberal (MoveOn) and the DNC.

The President’s Message:

ollie –

Early this morning, the Senate made history and health reform cleared its most important hurdle yet — garnering the 60 votes needed to move toward a final vote in that chamber later this week.

This marks the first time in our nation’s history that comprehensive health reform has come to this point. And it appears that the American people will soon realize the genuine reform that offers security to those who have health insurance and affordable options to those who do not.

I’m grateful to Senator Harry Reid and every senator who’s been working around the clock to make this happen. And I’m grateful to you, and every member of the Organizing for America community, for all the work you have done to make this progress possible.

After a nearly century-long struggle, we are now on the cusp of making health insurance reform a reality in the United States of America.

As with any legislation, compromise is part of the process. But I’m pleased that recently added provisions have made this landmark bill even stronger. Between the time when the bill passes and the time when the insurance exchanges get up and running, insurance companies that try to jack up their rates do so at their own peril. Those who hike their prices may be barred from selling plans on the exchanges.

And while insurance companies will be prevented from denying coverage on the basis of pre-existing conditions once the exchanges are open, in the meantime there will be a high-risk pool where people with pre-existing conditions can purchase affordable coverage.

A recent amendment has made these protections even stronger. Insurance companies will now be prohibited from denying coverage to children immediately after this bill passes. There’s also explicit language in this bill that will protect a patient’s choice of doctor. And small businesses will get additional assistance as well.

These protections are in addition to the ones we’ve been talking about for some time. No longer will insurance companies be able to drop your coverage if you become sick and no longer will you have to pay unlimited amounts out of your own pocket for treatments that you need.

Under this bill families will save on their premiums; businesses that would see their costs rise if we don’t act will save money now and in the future. This bill will strengthen Medicare and extend the life of the program. Because it’s paid for and gets rid of waste and inefficiency in our health care system, this will be the largest deficit reduction plan in over a decade.

Finally, this reform will extend coverage to more than 30 million Americans who don’t have it.

These are not small changes. These are big changes. They’re fundamental reforms. They will save money. They will save lives.

And your passion, your work, your organizing helped make all of this possible. Now it’s time to finish the job.

Thank you,

President Barack Obama

Republican: Via Dick Morris:

Obama’s health care bill, the poisoned Kool-Aid making its way through the Senate, will not confer any of its supposed benefits on Americans until 2013. But they will find themselves chafing at its restrictions and paying its taxes immediately after the law takes effect. Then, they will see no gain, but plenty of pain, for the next three years.

This odd juxtaposition of “suffer now, benefit later” is the byproduct of the Administration’s sleight of hand in specifying ten years worth of cuts and taxes in the legislation, but deferring its benefits for the first four years. By comparing six years of spending with ten years of taxing, it managed to appear deficit neutral under the rules of the Congressional Budget Office. In fact, the annual revenues fall far short of covering any single year’s worth of spending, adding to the deficit for each of the last six years over the next ten, but, viewing the decade as a whole, it appears deficit neutral.

Yet the political price is hardly neutral. Democrats who misguidedly vote for this monstrosity will face immediate political repercussions.

Morris goes on to say that the elderly will be denied care and suffer; he also talks about the penalties for non-coverage being too light:

All Americans will soon find their insurance premiums rising as a result of the bill. The young, uninsured will not buy policies. Why should they? Why not just pay the $750 fines each year? Why pay between 2% and 10% of their household income before subsidies kick in? It makes no financial sense for anyone making more than $30,000 to pay for coverage. (And most of those under that threshold will be covered by Medicaid, not by private insurance).

There is no reason for the young to buy private insurance. The legislation requires that health insurers take all comers and not raise rates based on pre-existing conditions. So the young can get coverage when they need it, having only paid $750 per year beforehand.

He predicts rising premiums for the rest of us as well.

Note how he calls it “Obamacare” though in fact, this was written by Congress.

Liberal: The Senate Bill doesn’t go nearly far enough:
This is from MoveOn.org (note: to follow the links, you’ll have to use cut-and-paste into your browser). This letter is worth reading as it is well referenced and links to articles describing the differences between the House and Senate bills.

Dear MoveOn member,

In just about 48 hours, the Senate will vote on its health care bill, and then House and Senate leaders and the White House will meet to negotiate the final bill.

While the House bill is quite strong, the Senate health care bill is seriously flawed. And with negotiations about to begin, we have one last chance to fight for key fixes in the final bill.

Here are five key problems with the Senate bill that must be fixed. Please check this out, then pass it on! Click here to post on Facebook, or here to post on Twitter.
Five Critical Flaws in the Senate Health Care Bill

The Senate bill would:

#1—Deny Americans the choice of a public option. In contrast, the House bill contains a national public option, the key to real competition, greater choice, and lower costs.1

#2—Leave insurance unaffordable for some lower income and working people. Both bills require virtually all Americans to buy insurance. But even with the subsidies provided, some families could have to pay up to 20% of their income on health care expenses.2

#3—Impose dangerous restrictions on women’s reproductive health care. Unfortunately, both bills do this and the House provision is worse. Both versions would be a dangerous step and neither should be in the final bill.3

#4—Tax American workers’ health coverage to pay for reform. The Senate would pay for part of reform by taxing the hard-won benefits packages of some working Americans. The House, on the other hand, pays for reform with a small surcharge on only the wealthiest Americans—a far better approach.4

#5—Allow insurance companies to remain exempt from anti-trust laws. Under current law, insurance companies are actually exempt from laws designed to prevent monopolies and price-gouging. The House bill would fix this, but the Senate bill leaves it in place.5

Of course, these aren’t the only problems with the bill. Most glaringly, both the Senate and House bill would leave millions uninsured,6 a far cry from the vision of universal coverage so many of us have fought for. That remains a long-term goal.

But these five things need to be fixed immediately—and we need to spread the word to make sure House and Senate leadership and the White House get the message we’re counting on them to craft a final bill with these key fixes.

Can you spread the word? Forward this email, and click here to post on Facebook, or here to post on Twitter.

Thanks for all you do.

–Kat, Carrie, Michael, Joan, and the rest of the team

Sources:

1. “Comparing the House and the Senate Health Care Proposals: Public Plan,” The New York Times, December 19, 2009

http://www.moveon.org/r?r=85859&id=18398-5716678-4YXAFIx&t=5

“The House Bill and the Senate Bill,” The Now! Blog, December 21, 2009

http://www.moveon.org/r?r=85861&id=18398-5716678-4YXAFIx&t=6

“Why We Need a Public Health-Care Plan,” The Wall Street Journal, June 24, 2009

http://online.wsj.com/article/SB124580516633344953.html

“Why a public health insurance option is key to saving costs,” Economic Policy Institute, June 25, 2009

http://www.moveon.org/r?r=85866&id=18398-5716678-4YXAFIx&t=7

2. “Assessment of Affordability Provisions in the Exchange in House (H.R. 3962) and Senate (H.R. 3590) Health Reform Bills,” Health Care for America Now

http://hcfan.3cdn.net/46590729111c307ccc_lom6b3a6r.pdf

“Finishing Reform Right: Fixing affordability before the President signs a health care bill,” The Now! Blog, December 22, 2009

http://www.moveon.org/r?r=85867&id=18398-5716678-4YXAFIx&t=8

“Comparing the House and the Senate Health Care Proposals: Individual Mandate,” The New York Times, December 19, 2009

http://www.moveon.org/r?r=85860&id=18398-5716678-4YXAFIx&t=9

“The House Bill and the Senate Bill,” The Now! Blog, December 21, 2009

http://www.moveon.org/r?r=85861&id=18398-5716678-4YXAFIx&t=10

“Senate health bill is launch pad,” Jacob Hacker, December 22, 2009

http://www.politico.com/news/stories/1209/30871.html

3. “Comparing the House and the Senate Health Care Proposals: Abortion,” The New York Times, December 19, 2009

http://www.moveon.org/r?r=85862&id=18398-5716678-4YXAFIx&t=11

4. “Comparing the House and the Senate Health Care Proposals: Paying for the Proposals,” The New York Times, December 19, 2009

http://www.moveon.org/r?r=85863&id=18398-5716678-4YXAFIx&t=12

5. “Comparing the House and the Senate Health Care Proposals: Insurance Regulations,” The New York Times, December 19, 2009

http://www.moveon.org/r?r=85736&id=18398-5716678-4YXAFIx&t=13

6. “H.R. 3962, Affordable Health Care for America Act,” Congressional Budget Office, November 20, 2009

http://cbo.gov/doc.cfm?index=10741

“Patient Protection and Affordable Care Act,” Congressional Budget Office, November 18, 2009

http://cbo.gov/doc.cfm?index=10731

“REPORT: How the Senate Bill Compares to Other Reform Legislation,” Think Progress, November 19, 2009

http://www.moveon.org/r?r=85670&id=18398-5716678-4YXAFIx&t=14

Now from the DNC (the “just right” point of view)

ollie –

Any day now, health insurance reform will come up for a vote in the Senate.

We’re hearing a lot about what’s at stake with this vote for President Obama, the Democrats who are fighting alongside him, and the Republicans who have lined up in opposition.

But let’s talk about what’s really at stake for America. The Senate health reform bill will:

— Extend coverage to 31 million Americans, the largest expansion of coverage since the creation of Medicare.

— Ensure that you can choose your own doctor.

— Finally stop insurance companies from denying coverage due to a pre-existing condition.

— Make sure you will never be charged exorbitant premiums on the basis of your age, health, or gender.

— Guarantee you will never lose your coverage just because you get sick or injured.

— Protect you from outrageous out-of-pocket expenditures by establishing lifetime and annual limits.

— Allow young people to stay on their parents’ coverage until they’re 26 years old.

— Create health insurance exchanges, or “one-stop shops” for individuals purchasing insurance, where insurance companies are forced to compete for new customers.

— Lower premiums for families, according to the non-partisan Congressional Budget Office — especially for struggling folks who will receive subsidies.

— Help small businesses provide health care coverage to their employees with tax credits and by allowing them to purchase coverage through the exchanges.

— Improve and strengthen Medicare by eliminating waste and fraud (without cutting basic benefits), beginning to close the Medicare Part D donut hole, and extending the life of the Medicare trust fund.

— Create jobs by reining in costs — fostering competition, reducing waste and inefficiency, and starting to reward doctors and hospitals for quality, not quantity, of care.

— Cut the deficit by over $130 billion in the next 10 years.

It’s a long list. But that’s only because this bill represents the most significant health reform our nation has seen since the creation of Medicare.

And it’s important that every American knows what’s really at stake this holiday season.

So please pass this email along to friends, family, and neighbors today — or click below to share this list on Facebook and Twitter, or print out a copy to share with others:

http://my.barackobama.com/SenateReformBill

We wouldn’t be this close to enacting these powerful reforms without all your hard work. Now, we’re in the final stretch — let’s keep it up.

Thank you,

David Plouffe

December 22, 2009 Posted by | Barack Obama, Democrats, economy, health care, politics, politics/social, republicans | 2 Comments

22 December 09 (noon)

I thought that I’d be getting more done, but I spent much of the morning hassling with travel plans, health ID cards and getting my teeth cleaned.

Workout notes Squats: 45, 95, 95 without the Smith Machine, then 135. I am still slightly sore from Sunday and so I took it easy.
Then 1.2 miles of running on the treadmill, then 5 miles on the AMT.

Yoga afterward.
Note: when I woke up this morning, my right calf was stiff.

NFL The Dallas Cowboys cut their struggling kicker. They picked up the kicker who missed a key field goal that would have all but won the Redskin-Saints game…..and who missed a 39 yarder that could have won the first Cowboy-Redskin game (ended up 7-6, Dallas). Note that the kicker they picked up is 18-21 this year which is an outstanding percentage; his 3 misses: 2 against Dallas, one against the Saints.

Kickers are held to a different standard than everyone else.

Other stuff

I finished Gwen Ifill’s Book The Breakthrough: Politics and Race in the Age of Obama and might write a detailed review later. For now, I’ll say that it was an interesting commentary on African American politics in this day and age with the tension between the old, civil rights oriented people and the newer generation (who are seeking more or less what most other politicians are seeking). One of the quotes from the book (paraphrased) says it best: “In days past, we wanted to be able to eat at the diner. Now, we want to be able to own the diner.” She uses the term “sandpaper politics” as a metaphor for the abrasiveness and the rubbing of old wounds.

One “obvious” point she makes is that the current Republican Party is way out of touch with African Americans. Here is an example:

Did you catch that? If you did, you are probably not a conservative; conservatives wouldn’t see what was wrong with what Senator Graham said.

But liberals, especially non-white liberals would immediately zero in on his remark:

I have 12 percent unemployment in South Carolina. My state is on its knees. I have 31 percent African American population in South Carolina.

You see: having blacks in your state is listed as being a part of a problem!
Sure, you might reply “aren’t African Americans, on the average, poorer than others and hence wouldn’t they make up a proportionally larger slice of those eligible for Medicaid”? That may be true (I haven’t checked the numbers) but HOW someone says something makes a big difference: they way he said it implied that African Americans were the problem instead of poverty.

Had he said “my state has X percent who would be eligible for Medicaid” or “my state has a poverty rate of Y” it would have been fine. But he had so single out African Americans.

December 22, 2009 Posted by | books, football, injury, NFL, politics, politics/social, racism, running, training | Leave a Comment

21 December 09

Workout notes 2200 yard swim; 500 of back/free, 500 of side/free, 500 of drill/swim (fins). Then I tried some 100s on the 2: 4 in 1:39, last in 1:42. I just “didn’t have it”. Then 200 cool down.

Next, weights (no squats; still sore); dumbbells: curls: 2 x 10 with 25, military 10 with 35, 8 with 40, bench press: 10 with 50, 8 with 55. Then lat pulls (2 sets), pull ups (5 reps, two sets).

Then 12 minutes running on the treadmill (1.2 miles), 12 minutes AMT (1 mile), 10 minutes elliptical (1.15), 10 minutes stairmaster (1.05).

I also did some light stretching and yoga.

I can’t make too many excuses as Sunday’s swim was faster; the weights went ok though, as did the run. My blood volume is still down from the donation; I can tell because my hands get cold easily.

Injury wise: I was stiff after the run section but the AMT loosened it up.

Other Stuff
Those who know me and have known me probably remember this:

(background: go here)

Well, the person behind this didn’t bother me further but ran into trouble with the law. First, he was taken to Chicago to face federal charges (for intimidation of a juror in the Matthew Hale case); those charges were eventually dropped. He then was taken to Roanoke, Virgina to face other charges.

You can read the whole series of articles here. None of this involved me.

Well, this time a jury found him guilty of four of seven counts:

Done in by his own words, Internet hatemonger William A. White was convicted Friday of threatening people from Virginia Beach to Canada.

The verdict, however, was not a total repudiation of White’s assertion that the First Amendment should protect his incendiary speech. Of seven counts against White, the federal jury acquitted him of three.

White, who will be sentenced later, could face up to 35 years in prison. [...]

From the defendant’s e-mails, letters, telephone calls and online postings, the jury heard time and time again the graphic and racist rhetoric that spewed from the 32-year-old’s home computer and cellphone.

Dressed in the same black, three-piece suit that he had worn throughout the trial, White showed no emotion as the verdicts were read.

At least for now, the convictions will silence a man called “possibly the loudest and most obnoxious neo-Nazi leader in America ” by the Southern Poverty Law Center, which monitors hate groups.

They also were met with “a sigh of relief” from a community that has been dealing with White’s campaign of harassment since 2004, said Brenda Hale, president of Roanoke’s NAACP chapter.

“At last, justice has been served,” said Hale, whom White once referred to as a “n—-r in need of lynching.”

In closing arguments to the jury, Justice Department attorney John Richmond spent more than an hour recounting the personal attacks and death wishes that White leveled against a bank employee from Missouri, a nationally syndicated columnist from Maryland, a university administrator from Delaware, a small-town mayor from New Jersey, a human rights lawyer from Canada and two tenants of an apartment complex in Virginia Beach.

“Defendant White does not get the last word,” Richmond told the jury. You all do. And the last word is guilty.”

However, White was found not guilty of making threats against Leonard Pitts, a Pulitzer Prize-winning columnist for the Miami Herald, and Charles Tyson, the former mayor of South Harrison township in New Jersey. [...]

The third count that White was acquitted of was a charge of threatening a bank employee with the intent to extort. While the jury convicted White of threatening Citibank employee Jennifer Petsche, it found the evidence lacking on a second charge alleging he did so to resolve a dispute with the bank over his credit card account.

During the eight-day trial in U.S. District Court in Roanoke, the jury heard testimony about six incidents that fit the following pattern: White would learn of a controversy that involved race in the news, look up the telephone numbers and addresses of the people involved, and then send them e-mails with hateful commentary calling for their demise in one way or another.

He often followed up by posting the information on overthrow.com, a Web site with a following of like-minded racists.

For example, when White became enraged about a diversity awareness program at the University of Delaware, he called the office of an administrator and identified himself as the commander of the American National Socialist Workers Party. He them told the assistant who answered the phone that anyone who thinks the way Kathleen Kerr did should be shot, and that he would hunt her down.

And when black residents of a Virginia Beach apartment complex filed a housing discrimination lawsuit against their white landlord, White waded into the dispute with a letter to the residents addressed to “Whiny Section 8 n—-rs.”

“You may get one over on your landlord this time, and you may not,” he wrote. “But know that the white community has noticed you, and we know that you are and never will be anything other than a dirty parasite — and that our patience with you and the government that coddles you runs thin.”

One resident of the apartment complex testified that White’s comments frightened her so badly that she packed her belongings in 15 minutes and fled her home.

Interestingly enough, it appeared to me that the jury took into account the reaction of the victims more than what the defendant actually did; that is why the conviction on the apartment complex issue surprised me a bit.

Bottom line: there is a line between making threats and free speech. What the defendant did to me (passing out flyers) was clearly free speech; after all, I do much the same thing when I work on a political campaign (though I hope that what I pass out isn’t full of lies and falsehoods, as this flyer was.)

In case you are wondering what the line is, here is the set of instructions from the judge to the jury:

Jury instructions for true threat definition:

For you to find the defendant guilty of each count, you must find that the communication issued in that count contains true threat. The First Amendment does not protect true threat. Whether a communication in fact contains a true threat, is determined in accordance with the interpretation of a reasonable recipient familiar with the context of the communication.

The government does not have to prove that the defendant subjectively intended for the recipients to understand the communication as a threat. The speaker need not have intended to carry out the threat or have the ability to carry out the threat. The government does not have to prove that the person who received the threat was actually placed in fear of harm.

On the other hand, a statement does not become a true threat simply because it instills fear in the listener. You may, however, consider the reaction of any recipient in determining whether a reasonable person would consider the message a true threat. A true threat is a serious expression of an intent to injure the person of another or to commit an act of unlawful violence against a particular individual or a group. A true threat is a serious threat as opposed to mere idle or careless talk, exaggeration or something said in a joking matter.

A true threat is more than mere political hyperbole or vehement caustic and unpleasantly sharp political attacks or crude offensive and abusive methods of stating political opposition. Identifying and providing personal information on a Web site standing alone, while it may be offensive or disturbing to those listed, is protected by the First Amendment. The mere advocacy of the use of force or violence does not remove speech from the protection of the First Amendment. To be a true threat the communication does not need to be directed at inciting or producing imminent lawless action.

You may find that a particular statement is a true threat if you find that the statement was made under such circumstances that an ordinary reasonable person who was familiar with the context of the communication would interpret it as an expression of an intent to injure the recipient or injure another person.

December 21, 2009 Posted by | civil liberties, free speech, injury, Peoria, Peoria/local, Personal Issues, politics/social, running, swimming, training | Leave a Comment

Rep. Randy Forbes’s hero (R-Va): a Mass Murderer

Joshua 6:20

20
2 As the horns blew, the people began to shout. When they heard the signal horn, they raised a tremendous shout. The wall collapsed, and the people stormed the city in a frontal attack and took it.
21
They observed the ban by putting to the sword all living creatures in the city: men and women, young and old, as well as oxen, sheep and asses.

Joshua 8: 15-25

The king of Ai saw this, and he and all his army came out very early in the morning to engage Israel in battle at the descent toward the Arabah, not knowing that there was an ambush behind the city.
15
Joshua and the main body of the Israelites fled in seeming defeat toward the desert,
16
till the last of the soldiers in the city had been called out to pursue them.
17
Since they were drawn away from the city, with every man engaged in this pursuit of Joshua and the Israelites, not a soldier remained in Ai (or Bethel), and the city was open and unprotected.
18
Then the LORD directed Joshua, “Stretch out the javelin in your hand toward Ai, for I will deliver it into your power.” Joshua stretched out the javelin in his hand toward the city,
19
and as soon as he did so, the men in ambush rose from their post, rushed in, captured the city, and immediately set it on fire.
20
By the time the men of Ai looked back, the smoke from the city was already sky-high. Escape in any direction was impossible, because the Israelites retreating toward the desert now turned on their pursuers;
21
for when Joshua and the main body of Israelites saw that the city had been taken from ambush and was going up in smoke, they struck back at the men of Ai.
22
Since those in the city came out to intercept them, the men of Ai were hemmed in by Israelites on either side, who cut them down without any fugitives or survivors
23
except the king, whom they took alive and brought to Joshua.
24
All the inhabitants of Ai who had pursued the Israelites into the desert were slain by the sword there in the open, down to the last man. Then all Israel returned and put to the sword those inside the city.
25
There fell that day a total of twelve thousand men and women, the entire population of Ai.

Most of the book goes on in a similar manner…this is who these superstitious clowns see as a hero.

December 21, 2009 Posted by | morons, politics, politics/social, quackery, religion, republicans | Leave a Comment

Senator Coburn: people ought to pray that someone can’t make tonight’s vote

Now exactly why are we supposed to take people who think like this seriously?

December 21, 2009 Posted by | morons, politics, quackery, religion, republicans, superstition | Leave a Comment

20 December 09

Workout notes First, 3100 yards of swimming. 500 warm up, 500 of drill/swim (fins), 5 x 200 on the 3:30 (3:19, 3:16, 3:15, 3:16, 3:15), 100 back, 5 x 100 IM, 5 x 100 (alternate paddle/free).

Then I jogged 1 mile on the treadmill (12 minutes, 1.15 miles), then did 6 miles on the elliptical. I had to force myself to quit the workout; it is almost as if I feel that “if I didn’t aggravate the injury, I didn’t do enough”. :)

I got to talk to a couple of friends while I was on the elliptical.

Injury wise: I felt some stiffness at first but not much more than that; however my feet hurt just a bit. I need to wear good running shoes again.

In the pool, I was a bit surly when a couple of people appeared to challenge me: one person with fins, another who kept up with me and actually passed me…for all of 1 length.

There was one kick-butt swimmer and another very attractive young woman who swam as if he hates the water and wants to beat it up.

Then there was this old guy in the far lane who usually swims for about an hour straight on the weekend; I doubt if he covers much more than 1000-1500 yards. He lifts his head, “plunks” his arm into the water and mostly just splashes in place. But he is ever faithful; there almost every weekend.

Attitude I’ve been told by more than one person that the Rat character reminds them of me??? :)

Social Did you know that 1 in 8 Americans are on food stamps?

With food stamp use at record highs and climbing every month, a program once scorned as a failed welfare scheme now helps feed one in eight Americans and one in four children.

t has grown so rapidly in places so diverse that it is becoming nearly as ordinary as the groceries it buys. More than 36 million people use inconspicuous plastic cards for staples like milk, bread and cheese, swiping them at counters in blighted cities and in suburbs pocked with foreclosure signs.

Virtually all have incomes near or below the federal poverty line, but their eclectic ranks testify to the range of people struggling with basic needs. They include single mothers and married couples, the newly jobless and the chronically poor, longtime recipients of welfare checks and workers whose reduced hours or slender wages leave pantries bare.

So, has the stigma gone down? Well, it depends…on whether YOU are the ones using them or if someone else is using them:

Two profiled users, both fathers and husbands, admit to using the stamps in desperation but one is too ashamed to tell anyone and the other sees his situation as different from the irresponsible, freeloading poor (women) who are relying on the benefits. We’ve got a long way to go to help these men hold their heads up high and see the solidarity with other Americans struggling to get by.

Check out the following quotes:

It’s embarrassing,” said Mr. Dawson, 29, a taciturn man with a wispy goatee who is so uneasy about the monthly benefit of $300 that he has not told his parents. “I always thought it was people trying to milk the system. But we just felt like we really needed the help right now.” [...]

Like many new beneficiaries here, Mr. Dawson argues that people often abuse the program and is quick to say he is different. While some people “choose not to get married, just so they can apply for benefits,” he is a married, churchgoing man who works and owns his home. While “some people put piles of steaks in their carts,” he will not use the government’s money for luxuries like coffee or soda. “To me, that’s just morally wrong,” he said.

See: if it happens to me, it is different! I kind of wonder what “churchgoing” is supposed to represent.

Of course, there are some that abuse the system; surf to the article for an example.

December 20, 2009 Posted by | economy, Friends, injury, politics, politics/social, swimming, training | Leave a Comment

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