Coyote Blog

Jane Galt takes on some of the more common anti-immigration talking points.  Just for example:

5. There were ethnic newspapers, but nothing like today's ethnic media.

This is just ridiculous. Immigrants in 1900 could get all the
entertainment that was then available in their own language; for
example, by 1918, New York City boasted 20 Yiddish theaters.
The idea that Latin American immigrants are somehow uniquely unable to
assimilate because they can now watch soap operas and the Venezuelan
version of Eurovision in their very own language seems to me
self-evidently absurd; an immigrant at home watching television in
Spanish is immersed in her own culture no more thoroughly than was the
typical resident of an ethnic neighbourhood who shopped, worked, went
to services, and partied entirely with their compatriots.

I am working on some research right now -- immigration opponents are claiming that "yes, immigration may have been OK in the past, but its different now."  I am in the process of putting together anti-immigration quotes from the late 19th and early 20th century that cover all of the same ground -- they're lazy, they breed too fast, they have disease, they don't integrate, they have divided loyalties -- but aimed at Irish and Italians.

I guess it's become de riguer to take a shot at Joseph Rago's editorial in the WSJ the other day, saying in part:

Some critics reproach the blogs
for the coarsening and increasing volatility of political life. Blogs,
they say, tend to disinhibit. Maybe so. But politics weren't much
rarefied when Andrew Jackson was president, either. The larger problem
with blogs, it seems to me, is quality. Most of them are pretty awful.
Many, even some with large followings, are downright appalling.

Every conceivable belief is on the
scene, but the collective prose, by and large, is homogeneous: A tone
of careless informality prevails; posts oscillate between the uselessly
brief and the uselessly logorrheic; complexity and complication are
eschewed; the humor is cringe-making, with irony present only in its
conspicuous absence; arguments are solipsistic; writers traffic more in
pronouncement than persuasion . . .

I haven't really posted on this editorial any more than I have posted on the commercials I hear every day for FM radio telling me how bad satellite radio is, and how much I should enjoy hearing 15 minutes of commercials an hour rather than paying $30 a month in fees.  There is a consistent human behavior which tends not just to be threatened but to be outraged by upstart competitors.  Remember this story on the milk cartel  -- entrenched interests are flabbergasted that anyone would even attempt to compete with them in a new way.  New competitors are not just bad and unworthy, they are portrayed as threatening all the good things that already exist.

Now that I am started, though, here are a few other random thoughts:

• It is inappropriate to compare single blogs to individual newspapers.  The WSJ has hundreds of reporters, while most blogs have one.  In making such a comparison, one is comparing a brain on one hand with a single brain cell on the other.  Blogs have much of their value as a network or swarm, in how the individual "cells" interact with each other and complement each other.  We might read one or two iterations of the daily fishwrap each day, but I read at least 30 blogs, all aggregated together for me in a convenient form by Google Reader.  And these thirty are augmented by links that I follow to as many as a hundred other blogs each week to learn more about individual issues.
• I don't particularly disagree with this statement:

The blogs are not as significant
as their self-endeared curators would like to think. Journalism
requires journalists, who are at least fitfully confronting the digital
age. The bloggers, for their part, produce minimal reportage. Instead,
they ride along with the MSM like remora fish on the bellies of sharks,
picking at the scraps.

Few bloggers would disagree with this view that we depend on the reporting of the MSM for a starting point of much of what we do.  However, I would probably argue that some of the scraps we are picking up are larger than Rago would concede.  By the way, if you leave out a few papers like the NY Times, I could make the same accusation against 99% of the papers in this country, arguing that they are riding on the backs of the wire services, only doing a small percentage of their own reporting.  What's the difference?

• One of the reasons there are so many scraps left for us blogger-remoras is that newspapers load up on people whose education and entire professional career is in writing and journalism, rather than in economics or business or law or science whatever they are writing about.  You can just see the institutional hubris in Rago's complaint quoted above about the quality of the prose and the humor, longing for real journalists who can use logorrheic and solipsistic in the same sentence (not to mention four commas, five semi-colons, one colon, and one set of ellipses).   So while newspapers load up on journalism and English majors who write lovely and witty prose, blogs are written by leading economists, legal practitioners and professors, successful business people, technology experts of every stripe, etc. etc.  No newspaper, for example, has even one tenth the economic firepower the combination of Cafe Hayek, Marginal Revolution, the Knowledge Problem, and the Mises Blog, among many others, bring to my desktop.  Ditto for Volokh / Scotusblog / Instapundit / Overlawyered / Tom Kirkendall on legal issues. [Update:  Oh, and a lot of those other bloggers are, uh, journalists]
• One of the mistakes newspaper-types make in comparing newspapers to blogs is that they compare the reality of blogs with the ideals of newspapers, particularly on things like sourcing and fact-checking.  However, it's becoming clear that this comparison is increasingly unfair, because the reality of newspapers is diverging a fair amount from their ideals.  Of course, we all tend to fall short of our ideals.  But what is worrying about newspapers is that those who purport to be gaurdians and watchdogs of these ideals are increasingly becoming appologists for their violation.  How many times are we going to hear the "fake but accurate" response to blogger accusations of problems in MSM sourcing?
• I will concede that the Mr. Rago's employer the WSJ is one of the few newspapers that really understand how they create value, or at least are consistent in their value story and their pricing policy.  If, as Rago and others argue, it is the reportage that is of value and editorializing is just the remora, then shouldn't it be the reporting behind the firewall and the editorials out front?  This is how the WSJ does it, but for some odd reason the NY Times does it just the opposite:  They let everyone have access for free to the output of their uniquely large and talented reporter pool, but put the confused economic rantings of Paul Krugman and Maureen Dowd behind a paid firewall.  Huh?

There is nothing I think is dumber than the standard post-election plea for bipartisanship you see in newspapers after every election.  This election is no exception.  Get over it.  The Democrats won, they have been out of power for a while, and have a backlog of stuff they want to do.  I won't agree with a lot of it, which will put me in the same place I was with the Republican Congress.  I'm going to be pissed when the Democrats try to increase the minimum wage, roll back NAFTA, impose oil windfall profits taxes and raise income taxes.  Just as I was pissed when the Republicans passed McCain-Feingold, the prescription drug boondoggle, steel tariffs, and gave up on social security reform and any meaningful ethics and earmark reform.

Chris Edwards at Cato agrees:

That's nonsense. In a closely divided legislature, partisanship and
attacks on the other team are the logical course for both parties.
Because both parties know that either House or Senate could easily
switch back over in 2008, they will do their best to deny the other
side any legislative victories. The GOP's strategy now will be to show
that the Dems can't get anything done, so they block, filibuster, and
veto. They are the opposition in the House, so their job is to oppose.

The Dems will use their chairmanships and control of the House floor
to schedule partisan hearings and votes to try and make the Republicans
look bad any way that they can. The most important thing for Nancy
Pelosi will be to hold onto the majority and line up some divisive
issues to hammer on to help the party's 2008 presidential nominee. Note
that she won't be scheduling votes on tax hikes anytime soon, because
that would immediately revive the GOP and jeopardize 2008.

I do think the two parties are going to have to figure out how to get some judgeships filled, but I am not holding my breath.  My real wish is that Pelosi would pursue impeachment, not because I think it is justified but because it would tie Congress up into a magnificently entertaining gridlock.  Unfortunately, she has pledged she would not do so.

Postscript:  McCain-Feingold limits expired yesterday, so you have your free speech back.  You may criticize politicians again.

This study pops up every year or so, and every time I see it I can't believe the results.  100,000 high school students surveyed, along with 8000 teachers:

• 54 percent of the students said all newspapers should be able to
  publish freely without government approval, up from 51 percent in 2004.
• Students say they felt the First Amendment as a
  whole goes too far. In 2006, 45 percent said the First Amendment goes
  too far, versus 35 percent two years ago.
• In 2004, 38
  percent of teachers thought the press had too much freedom. That figure
  dropped in 2006 to 29 percent. Student attitudes are improving as well,
  though more slowly. In 2004, 32 percent thought the press has too much
  freedom. In 2006, that figure dropped to 30 percent.

I guess I won't panic, as some of this is probably just high school kids being muddle-headed about everything.  It would be interesting to see if these attitudes are being caused more by leftish fears (e.g. political correctness, don't say anything bad about women or minorities or gays or handicapped or...) or by rightish fears (e.g. national security activities)

Hat Tip: Hit and Run

If my blog was a satellite TV station, the following would be illegal:  Investigators Slam Katrina Response.  (hint - answer is NOT in the attached article, which is random)
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I'm sorry, did you miss it?  What did I do that was so wrong?  What I did was let you view content directly from a national content provider.  In the past, Reuters traditionally distributed its content through local distribution arms called newspapers.  This distribution model was required based on old technologies, where printing was a local not a national business.  Now that new technologies allow content providers to distribute their material nationally without these intermediaries, many have chosen to do so, as does Reuters at their web site.  This is one of the many reasons why newspapers today are struggling.

The TV business has historically had the same business model for roughly the same technological reasons.  National content providers (e.g. NBC, CBS) distributed content through local affiliates because broadcasting technologies were very local.  Today, with Satellite and cable, it is perfectly easy for anyone to access the national feeds, like you did in reading the Reuters site above.  EXCEPT, the US Congress has outlawed this practice.  Satellite providers, with a few exceptions for rural viewers, cannot provide viewers with the national feed -- it is illegal.  Unlike with print media, Congress has succumbed to powerful interest groups in the local TV market to protect their dying business model. 

As a result, DirectTV has satellites in space using up bandwidth by broadcasting 50 or more nearly identical copies of the same national feed, because it is forced to use the local affiliate's feed for each local market.   One of many adverse results is that while the price of print content has fallen to nearly zero, the price of broadcast content goes up.  And, from a personal standpoint, I nearly killed myself adjusting an old fashioned TV aerial on my roof last night because that is the only way I can get NBC's Olympics HDTV content, since my satellite provider can't afford to duplicated hundreds of local stations to get the networks on satellite in HDTV under the current asinine rules.  And I refuse to get cable because it was in large part for exactly this reason, to force customers away from satellite to cable, that the must-carry and related rules were passed, and I refuse to give them the satisfaction.

Postscript:  By the way, the Reuters article linked is worth reading too.  Take this snippet:

Richard Skinner, the inspector general of the Department of Homeland
Security, told the committee that FEMA purchased 24,967 manufactured
homes at a cost of $857.8 million to temporarily house Katrina victims.
But most of those homes are unused and the government is paying to
store them, he said.

Nearly 11,000 are sitting are sitting at a
government site in Hope, Arkansas, and are deteriorating because they
were improperly stored, he said.

If this post had a subtitle, it would be "give 'em enough rope to hang themselves with."  This week has brought one of those perfect examples of why free speech is important, and why it is especially important to let even stupid and evil people voice their opinions.  In what, incredibly, represents a moderation of the response to the Danish cartoons by Muslims (at least vs. shooting priests):

Iran's best-selling newspaper has launched a competition to find the
best cartoon about the Holocaust in retaliation for the publication in
many European countries of caricatures of the Prophet Mohammad....

The
daily paper Hamshahri said the contest was designed to test the
boundaries of free speech -- the reason given by many European
newspapers for publishing the cartoons of the Prophet.

"A serious
question for Muslims ... is this: 'does Western free speech allow
working on issues like America and Israel's crimes or an incident like
the Holocaust or is this freedom of speech only good for insulting the
holy values of divine religions?'" the paper said on Tuesday.

Why would anyone want to stop them from doing this?  It will be thoroughly educational to see who steps up and declares their position on this.  Whenever people want to ban hate speech, I always try to point out that Hitler was telling everyone in the 1920's just what he wanted to accomplish, if only anyone really listened.  Hateful screwed-up people need to be put on the record with their most egregious work.  Censoring them only tends to moderate the public view of them and disguise the true dangers they may pose.  In fact,it is sometimes the case that when the media refuses to publish the most hateful or violent of speech, they are actually doing so because they have sympathy for the speaker, whose public image they are concerned about tarnishing, rather than just protecting the sensitivities of the speaker's targeted victims.

Jason McBride was arrested for selling gasoline at too high of a price during the shortages that followed Katrina, under an Alabama anti-price-gouging law.  What was the legal price he violated?  Well, the law doesn't actually set a price maximum, it just makes you liable to be arrested if a random government bureaucrat feels like your price is too high.  Mr. McBride followed up with more information on his original story to Christopher Westley at the Mises Blog:

I recently heard from Jason McBride, who was the subject of my last Mises.org
article, "The Right to Set Your Own
Price". McBride, a gas station owner from Aliceville, Alabama, was arrested
for violating Alabama's "anti-gouging" law on the day that Hurricane Katrina
slammed into the Gulf Coast.

Jason told me that there was more to the story than what had been reported in
the newspapers. He said that the price he charged for a gallon of gas that day
was actually $3.49 (not the $3.69 that was reported) and that he purchased that
gas that very day for $3.29 a gallon. He said that this information was provided
to the district attorney during his investigation.

But there's more. Jason told me that he sold gas for only three hours at the
$3.49 price until he received a call of complaint from the D.A.'s office. His
response was to shut down his pumps until the the State of Alabama contacted him
with a "correct price." His pumps were shut down for 18 hours until the
state told him he could sell gasoline for $3.09 a gallon. This happened in the
midst of a crisis when consumer demand for gasoline increased dramatically.

Despite his bending over backwards to comply with the law, and despite zero
evidence of malicious intent, the district attorney's office still arrested him.
His picture was on the front page of a state newspaper the next day (while, he
pointed out, a report on a murder was relegated to page 6).

I must admit that I always accepted the conventional wisdom that trick-or-treating was becoming more dangerous, with incidents of kids getting poisoned candy and the like.  According to Snopes, this is an urban legend.  In fact:

Tales of black-hearted madmen doling out poisoned Halloween candy to
unsuspecting little tykes have been around forever "” they were part
of my Halloween experience nearly forty years ago. And every year sees the same
flurry of activity in response to such rumors: radio, TV and newspapers issue
dark warnings about tampered candy and suggest taking the little ones to parties
instead of collecting goodies door-to-door. Even Ann Landers published a column
in 1995 warning us against the mad poisoner, saying, "In recent years, there
have been reports of people with twisted minds putting razor blades and poison
in taffy apples and Halloween candy."

It's a sadness that a holiday so thoroughly and greedily enjoyed by kids
is being sanitized out of existence in the name of safety. Sadder still is there
appears to be little reason for it.

Though I've yet to find evidence of
a genuine Halloween poisoning, I have uncovered a few isolated incidents
initially reported as random poisonings that, upon further investigation, turned
out to be something else.

So relax and have a happy Halloween  (and yes, I will still probably visually check my kids candy tonight just to make sure -- its too easy and its an ingrained habit now).

Having grown up in Texas, I love this:  Their city underwater and possibly joining Atlantis for eternity, the Superdome looking like the Kingdome, the newspapers flooded out of their offices, with no power and no printing presses, probably operating out of a Motel 6 somewhere, the New Orleans Times-Picayune still has time to address life's essentials -- How ARE the Saints going to stop the run this year? (posted at 8:50 PM Tuesday)

One of the major on-field concerns for the Saints is to figure out how
to stop the run. Off the field reports of major flooding back home
occupied the thoughts of many of the Saints players Tuesday in the
second day of practice at San Jose State.

Going into Thursday's preseason finale against the Oakland Raiders, the
Saints have allowed a whopping 535 yards on the ground in the first
three exhibitions with a staggering 6.7 yards per carry for opponents.

You may have to scroll down a few posts, I am not sure their permalinks are working right.

Should Maureen Dowd have the right to more political speech than I?  Should George Will enjoy more rights than you?

I signed the petition from the Online Coalition opposing speech limits in the blogosphere.

We are concerned about the potential impact that Judge Colleen
Kollar-Kotelly's decision in the U.S. District Court for the District
of Columbia in Shays v. FEC, 337 F. Supp. 2d 28 (D.D.C. 2004) and the
FEC's upcoming rulemaking process may have on political communication
on the Internet.

One area of great concern is the potential regulation of bloggers
and other online journalists who distribute political news and
commentary exclusively over the web. While paid political advertising
on the Internet should remain subject to FEC rules and regulations,
curtailing blogs and other online publications will dampen the impact
of new voices in the political process and will do a disservice to the
millions of voters who rely on the web for original, insightful
political commentary.

Under the current rules, "any news story, commentary, or editorial
distributed through the facilities of any broadcasting station,
newspaper, magazine, or other periodical publication," is exempt from
reporting and coordination requirements. It is not clear, however, that
the FEC's "media exemption" provides sufficient protection for those of
us in the online journalism community.

As bipartisan members of the online journalism, blogging, and
advertising community, we ask that you grant blogs and online
publications the same consideration and protection as broadcast media,
newspapers, or periodicals by clearly including them under the Federal
Election Commission's "media exemption" rule.

I have always been opposed to McCain-Feingold's limitations on political speech, so my objection to current law goes beyond just extending the media exemption to blogs.  I support a broader extension of the media exemption from political speech restrictions to -- call me crazy -- all citizens, something I thought the First Amendment took care of but I guess we have to fight for again.  Actually, what might be more useful is to fight for an elimination of the media exemption altogether - this would likely raise such a howl from the media that McCain-Feingold (also known as the incumbent and MSM protection act) would soon be overturned.

There were two interesting court decisions today that each can be summarized as "the press does not have rights or legal privileges beyond those granted to any ordinary citizens"

The first case is the DC Circuit's decision to allow subpoena's of reporters about their sources in the Valerie Plame affair.

Appellants counter that Justice Powell could not have meant what the United States argues, as this would have given reporters no more protection than other citizens. However, they never make it clear why they are convinced that Justice Powell must have intended to give reporters more protection than other citizens. The Constitution protects all citizens, and there is no reason to believe that Justice Powell intended to elevate the journalistic class above the rest.

Much more here at Beldar.  I can't resist one quote from him:

And on its own, the DC Circuit's lengthy decision
today is absolutely fascinating for hard-core law wonks, especially
ex-judicial clerks. Indeed, I feel the urge to write several thousand
words about it "” dry quotes from the written opinions, connected by an
over-extended football metaphor, leavened with dollops of snark.

LOL.

The second case is in Maryland, where the state court determined that two Baltimore Sun reporters do not have the guaranteed right to a level of access to government officials and information beyond that given to a private decision.  As a citizen of that state, I might want to punish my elected representative at the polls if I thought they were trying to stifle criticism by managing the press poll too much; however, I agree with the court that the paper is not owed any legal redress.

I am sure we will hear cries tomorrow from editors about growing threats to the first amendment.  Don't be confused: These decisions are about press privilege, not press freedom.  Neither you nor I can ignore a federal subpoena, and neither should a reporter.

If you want to worry about the first amendment, read this:

The survey of 112,003 students finds that 36% believe newspapers should get "government approval" of stories before publishing.

Eeek.

Television and Radio have always had a very different regulatory regime than any other type of media.  Unlike, say, newspapers or cable TV companies or satellite providers, television and radio companies have to get and continue to renew licenses and are expected operate in the public interest, whatever the heck that is.  TV and radio stations get access to what has become very valuable bandwidth for free, the only cost being that they have to give regulators what amounts to a veto over their content.  Because of this regulatory structure, you get goofy stuff like this:

The Federal Communications Commission's enforcement bureau has asked NBC for tapes of the opening ceremony of the Summer Olympics, apparently in response to one or more indecency complaints.

Its fun to laugh at this stuff, and it drives me crazy, but at the end of the day the problem is not the FCC or Bush or red states or fundamentalists.  The problem is the first-amendment defying concept that the Feds should have any say in media content.  Period.  The FCC is actually in a difficult spot - by law, they have to enforce decency standards, but when they do so, they look like moralistic thugs.

I do not know the history here, but for some reason the US government, perhaps because it was in the throws of the socialist/fascist New Deal era, abandoned all of its traditional and successful models for allocating a newly discovered or accessible resource (in this case, parts of the spectrum) in favor of this public service liscencing approach.  I can think of at least three different models that the US government has used in similar circumstances and that have all worked much better:

• The Homestead Act:  This established the principal of being the first to stake out and improve a resource (in this case parcels of land) in allocating government lands in the west.  Perhaps the best piece of legislation in the history of the country.    Could have easily followed this principle in the broadcast spectrum - an individual or company would have to broadcast continuously on a certain frequency for 2 years to gain permanent ownership
• Mining Law: In some ways similar to the Homestead act, again it grants ownership of a resource to people who add value to it (in the case of mining, to the people who prospected for it and discovered it).
• Outright Sales:  The government does this all the time, including land sales, mineral lease sales (e.g. offshore oil) and more recently cell phone spectrum sales.

Lets end this regulatory structure now:

1. Grant all current licensees ownership of the spectrum they are currently using.  Drop all content-related regulation. 
2. There are many non-licensed outlaw low-power stations operating.  Create a set of homestead requirements that they can get access to their bandwidth if they meet certain requirements within a certain time frame
3. Acknowledge that technology today allows more of the spectrum to be used than channel spacing of the 1950's allowed.  Open up more of the holes in the spectrum for use.
4. Sell the newly available spectrum