March, 2010

Prior Restraint, Cowardice And Intolerance At Tarleton State


The principals of free speech and academic freedom for which so many have risked death and imprisonment throughout the history of this country took a hit today and not for anything greater than the cowardice and intolerance of the administration of Tarleton State University under the much used pre-text of “security concerns” which is so often used as an excuse to stomp out freedom of expression in academia.

According to a press release from the university, the professor of the theatre directing class decided to cancel the Saturday production of “Corpus Christi” because of safety and security concerns for the students, as well as the need to maintain an “orderly academic environment.”  Unless Tarleton wants to make public any threats of violent incitement or riots they have received, I find this excuse to be total B.S. and simple prior restraint, nothing more.

For those who do not know what prior restraint is, a legal term related to censorship in the United States referring to government actions that prevent communications from reaching the public, this includes art which people may find offensive.   Prior restraint is a principal that has been soundly rejected in this country in the Supreme Court cases of  Near vs. Minnesota , New York Times v. United States (The Pentagon Papers), Times Film Corp v. Chicago, Smith v. California and Kingsley Pictures v. Regents to name a few.

Regardless of whether the premise of this play is found to be offensive on a religious level, when school administraters begin to exercise prior restraint and  censor what they do not like, the slippery slope to loss of academic freedom and freedom of expression begins ever so slightly and continues like a rolling snowball.   Tarleton is a state school and this is 1st Amendment free speech issue plain and simple.  If people find the play offensive they can exercise their freedom of choice not to see the play or their 1st Amendment rights to protest the play or even organize a boycott of the play.  The pretext of violent incitement here is ludicrous and cowardly.

Our right to speak freely without prior restraint or fear of  government punishment  is an important, great thing that we enjoy like no other country on this planet.  We should cherish it and protect it even when we disagree with it.
As it appears that Tarleton President F. Dominic Dottavio needs some basic civics lessons, I urge him to start with the words of
Supreme Court Justice Oliver Wendell Homes:
“if there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought—not free thought for those who agree with us but freedom for the thought that we hate.”


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The Gay Jesus Show Must Go On


There has been a lot written about the decision of Tarleton State University to allow the play “Corpus Christi” to go forward on its campus.  The 1998 play, written by Terrence McNally and originally presented in New York City, depicts a gay Christ-like character in modern-day Texas. The Christ figure performs a marriage ceremony for two of his disciples, who are also gay. I decided to get a gauge of the social media temperature on the play by posting it on my Facebook page. Here were some of the comments:

‘I find it personally distasteful, but have always stood by the old adage” I may not agree with what you say, but I will defend to the death your right to say it” I hope I never have to back that up. I don’t wanna die!’

‘I say go for it. If people are offended by it, don’t attend. A few years ago, Kilgore College decided to stage “Angels in America” in the face of widespread opposition–donors even pulled money from the school. Tony Kushner, who wrote Angels, arranged to match any funds pulled from the school & even personally met with the cast. Talking with members of that cast, they said staging the show was one of the most inspiring events of their life. This show MUST go on!’

The point of this little play is clearly a mockery of Jesus Christ and his life by the liberal homosexual community, I find that distasteful and our state distasteful for funding this.”

It’s an abomination and a tasteless in-accurate portrayal of Christ our savior! The ppl behind it will have to meet their maker and answer for everything they’ve done. God says judgment is His not ours. With that said here in America they have the right to do the play. Weather or not they “should” for their own sake I’d say no.”

There were numerous other comments and I was happy to see that while many found the premise offensive most recognized that when we begin to exercise prior restraint and  censor what we do not like, the slippery slope to loss of freedom of thought begins ever so slightly and continues like a rolling snowball.  This show MUST go on. Tarleton is a state school and this is 1st Amendment free speech issue plain and simple. If people find the play offensive they can exercise their freedom of choice not to see the play or their 1st Amendment rights to protest the play or even organize a boycott of the play.

Our right to speak freely without prior restraint or fear of  government punishment  is an important, great thing that we enjoy like no other country on this planet.  We should cherish it and protect it even when we disagree with it. As long as the play is not inciting others to violence the show must go on.  It must go on for the things that entertain us and it must go on for the things that offend us. As to this particular play and those who are offended I direct you to the word of Supreme Court Justice Oliver Wendell Homes:

“if there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought—not free thought for those who agree with us but freedom for the thought that we hate.”

That includes a gay Jesus. Curtain up….

Posted in Law and OrderComments (1)

Twittering At 30k Feet


photograph-521I recently flew to San Francisco.  I flew out on American Airlines.  I flew back with my brother on his plane. His plane happens to have on-board wi-fi. I booted up my computer and began to Twitter flight updates. I even Twitipic’d a photo from the plane.

I decided to post a Facebook update.  It was short and simple:

Brian Is Twittering And Facebooking At 30 Thousand Feet”

A short and simple statement of my current status. I expected to receive comments of the ilk of “ that’s cool!” or “how are you doing that‘” or “are you on Mark’s plane“?photograph-541

After I had finished Twittering I checked the Facebook comments. All hell had broken loose!  Name calling, threats, disparaging of the flight attendant profession and the passengers who utilize commercial air flight.

Read it and weep, laugh or sneer. I am giving you an abridged version having removed the expected innocuous comment such as “thats cool”,”how are you doing that” and “are you on Mark’s plane?” Other than that it is unedited.

The names have also been changed to protect the over-sensitive, the insensitive and the stellar reputation of American Airlines flight attendants around the world.

Actually, I just don’t want to find a booger in my food on my next AA flight.

Here is the comment string. It can be difficult to follow but is entertaining if you can. I have added commentary where necessary to provide context.

Disgruntled American Airlines Flight Attendant:

Hey, that electronic device is supposed to be turned off right now (Referring to me using an electronic device in-flight to Twitter and Facebook)”sulley1

Humorous Hudson Guy:

Captain Sully would NOT be proud!!!

Disgruntled American Airlines Flight Attendant:

Nobody listens to us…you saw my post about the guy from Newark with his life vest on backward….”

American Airlines Frequent Flier:

I’m guessing Cuban Air“(He was right)

Disgruntled American Airlines Flight Attendant:

“Uh…who do you think???? The only one right Brian????”(She was part right. I flew out on American but flew back with Mark on his plane)hudson1

Disgruntled American Airlines Flight Attendant:

Oh sorry, not Newark,the Hudson(apparently referring to “Miracle On The Hudson” passengers) Whatever..it’s all the same, same airspace, same people, same everything row 3-6…same people who have no respect for authority…so different from 20 yrs ago…everyone wants to be their own pilot…no one likes the idea that they are not in control of their situation…get over it!!!! as you will sooooooo learn in the next 4 years!!!!”(Does she know something we don’t?)

Southwest Airlines Frequent Flier Enters The Fray:

“Whewww someone needs a xanax! Southwest now has in-flight free wi-fi… guess you didn’t get the memo!”

Disgruntled American Airlines Flight Attendant Fights Back:

“American was first with wi-fi…and if he’s on a 767…he’s got it on American…walk in my shoes of 29 years before you talk about Xanax…

You are probably one of those people that we wish we could drop it in their free diet coke..which isn’t free on a whole lot of airlines these days…believe me…your free coke has cost me plenty in the last 8 years…

Southwest Airlines Frequent Flier Gets Jiggy:

Then quit. Get over it. I travel for a living too. It’s not a crisis. Chill out!”

Innocent Bystander Signals End Of Round, Sends Combatants To Their Corners:

“Ding! Ding! Ding! ….. Now this commercial airline wi-fi discussion can end.”

Dirocky-magnet-micksgruntled American Airlines Flight Attendant Tells It Like It Is:

” Who says I want to quit?? I love my job and I’m good at it, evidenced by weekly compliment letters..

“If you were truly a “seasoned traveler” we wouldn’t be having this debate..and yes it is a crisis. And our frequent flyers are quite aware of the problems…you, on the other hand are totally clueless.”

“I bet you think it’s okay for your cheap ticket coach passenger butt to interrupt first class service so you can use the first class lav.. and you don’t want to pay that extra $25. on top of your 125. ticket (which the platinum passenger next to you just paid 625  for.. so you bring it all on, even though you have no clue how to stow it, as our premium customers who know how and deserve the privilege of…”(Now you know what the First Class Flight Attendant Thinks Of You And Your Cut Rate First Class Ticket)

“I defend my premium passengers to the last second… They follow the rules, they turn off their damn phone before takeoff because they know it might be their own ass they are saving. It is the ignorant…or as we call them “the hillbillies”(that would be me) who don’t have a clue, that cause all the trouble.flightofthedeadweb2

“You started this hateful exchange over what??? a funny comment I made regarding electronic devices inflight….certainly nothing to debate about..which means you must have a bone to pick…or a jealous one maybe..women laughing”

Southwest Airlines Frequent Flier Throws A Left Hook Upper Cut Combination:

“ALL OF MY FRIENDS are laughing at you right now because you seriously have no clue who you’re arguing with, Ms. Disgruntled Flight Attendant.”

“I fly 3-4 times a week, every week. Your attitude is entertaining. Thanks for the service, for pouring my drinks, and the seat belt demo. You’re awesome. Now have a good night before you make even more of a fool out of yourself”

American Frequent Flier Chimes In:

Cell phone use does not interrupt with any of the aircraft systems. The only reason valid reason they are banned is a few hundred people on cell phones would not hear an emergency announcement over the aircraft PA system.   FYI I am one of your(American’s) premium customers.”

Irrelevant Comment Troll Wants To Get High:

“I would pay extra for someone to drop a Xanax in the diet coke”southwest-go-go-boots2

Disgruntled American Attendant Bites Nose Off Southwest Frequent Flier With Veiled Threats:

“That is part of the issue, but yes, the radar screen has gone blank before…due to cell phone transmission…or maybe that whole video thing at training was a lie so we would have a reason to be “mean” to you…..the main thing is…it isn’t your call!!!  Nor mine for that matter! Its a regulation and you don’t have a vote in it but are expected to honor. I didn’t make the regulation but could be personally fined for not enforcing it. Believe me, most of FAA rules are just plain stupid to me, but…it’s not my right to decide which I like and which I don’t.”

“All I did was make a funny comment about phone use in flight and YOU are the one that made it a big deal…as I said, if you truly were a frequent flier this never would have started…you clearly have issues with airline workers or authority or something….sorry they didn’t hire you…” “and I’m not too concerned about “all of your friends” but, I will make a note of your name, should you ever have the privilege of flying on American…my “friends” and I will make sure your trip is everything you deserve”(Was that a threat?)

Disgruntled  American Flight Attendant Leaves The Ring and Goes After Me (I admitted that on the way out on American I got up to get my computer before the fasten seat belt light was turned off)

“Yea you did(show a disregard for authority) Brian,(me) how fast would you have sued had you been thrown to the ceiling while you were up? My fa friend who didn’t get to her jumpseat soon enough after the capt said prepare for landing…took a lawyer to get AA to pay for her surgeries and 6 months absence…she wasn’t in her seat within the prescribed 3-5 minutes because passengers weren’t complying with prepare for landing requirements..”

Irrelevant Comment Troll Still Wants To Get High:

No more sprite? what is this world coming to? now i am clearly the poor, inexperienced, uneducated and disgruntled. Can i get a double shot of Xanax?  I’m not sure it’s worth flying anymore.”

American Frequent Flier Drops A Bombshell:

In the continuation of my role as resident Voice of Reason, I would like to caution you (disgruntled American flight attendant) against making what appears to be veiled threats against one of your potential passengers. While I haven’t researched the issue, I’m pretty sure the FAA would frown upon that as well. I assume that acting on such threats would result in a pretty hefty fine.”(I don’t know if the FAA would frown but I suspect her employer American certainly would)

Disgruntled American Flight Attendant Reaffirms Her Dedication To Her Job And To American Airlines Passengers Then Goes On Extended Rant:

“If you don’t feel obligated to observe rules designed for your safety, why should I care if you survive??? (WOW!! Did she just say that?)

“Truly, if they don’t turn off their headphone during takeoff or landing, I don’t say a thing..I might get fined, but hey,,,if they don’t want to protect themselves…maybe they’ll be lucky enough to get their pic in the paper wearing their lifevest backward, or some other dumbass situation.”

“So far from the voice of reason are you…please feel free to forward my comments or ‘threats’ to the FAA…all I said is we would be pleased to treat you as you so expect and deserved to be treated”

“All the FAA cares about is whether or not I told you’re non compliant self to sit down when the Seatbelt sign is on and turn off your cellphone for takeoff and landing…they could care less if you get a sprite or a coke…actually they would prefer we offer no service at all”

“And you can’t have your dog in the seat next to you because its another one of those stupid rules to protect the majority..unless it is a service animal, which I have seen all sorts…including a goose for a lady that couldn’t turn her neck.”

“Oh and the case of the lady who went berserk when she saw a pax had her cat in her lap…she supposedly was allergic and went into full-blown reaction, requiring oxygen, medical assistance, etc…guess who got blamed! The FAA who didn’t make the cat owner keep her cat in the bag”.(Lesson to all-NEVER let the cat out of the bag)

Innocent Bystander Tells Disgruntled American Flight Attendant She Is A Troll And To Shut The F**K Up!

“I never said you were making threats to me. I never said anything about Coke or Sprite or any other beverage. My comment was in reference to your post directed at another person who commented on Brian’s status.

Evidently, you are quite passionate about your job and take it very seriously and kudos to you for that! But it seems as though you also take YOURSELF a little too seriously.

Or, you’re just trolling…. And for the record, you will never have a chance to “make sure [my] trip is totally all [I] expect it to be” as I stopped flying AA years ago, mainly due to in-flight service related issues. And, yes, I observe the in-flight rules and regulations. While I am sure you are chomping at the bit (or foaming at the mouth) to call me a classless hillbilly, I assure you that none of the infractions that you’ve mentioned so far are applicable to me. ( I am actually the classless hillbilly since I got up when I should not have)

AA Frequent Flier Wants Blood!

I sent all of her(Disgruntled American Flight Attendant’s) comments to Mr. Arpey at AA.” (She should be more worried about that than the FAA)

Disgruntled American Airlines Flight Attendant Develops Short Term Amnesia Forgetting Her Previous Rants:

“what is this…why so much animosity toward a person doing their job? what is it that makes one want to lash out at someone else? I have yet to yell at a grocery clerk about the price of milk or the dr’s receptionist for the price of an office visit?? It’s the same idea…and the whole thing started over a “Facebook” type joke about using a cellphone in flight…this is even more stupid than the breastfeeding in public discussion…

“What is so ironic about it this is that I am one of the easiest going people you would ever meet, and go above and beyond to make my passengers comfortable despite the limited resources”

“I have to work with these days…and yet I still feel I the need to defend myself against uncalled for defamatory treatment of my profession”.

It was getting ugly on “Planet Facebook”.   Much safer to be Twittering At 30 Thousand Feet.

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Sexting Prosecutions Out Of Control?


What images are stored on your child’s cell phone? It may be more than you think. It may be a lot “less” than you think. It could impact your child’s life in the worst imaginable way. While courts have tried to put the reigns on out of control Sexting prosecutions, the images on your child’s phone could still have a major impact on his/her life and yours.

A Pennsylvania, an  appellate court upheld a preliminary injunction barring local prosecutors from filing felony child-porn charges against a teenage girl who took a partially nude photo of herself with her cellphone. The court found that prosecutors were using the treat of pornogrpahy charges as retaliation against the teen for exercising her constitutional right to refuse a voluntary reeducation program favored by the district attorney. The court also determined it was likely the girl and her parents will succeed in a civil rights lawsuit they’ve filed against the district attorney’s office.

What images are stored on your child’s cell phone?  It may be more than you think.  It may be a lot “less” than you think. It could impact your child’s life in the worst imaginable way.

Phillip Alpert, found out the hard way.  He got pissed at his  16 year old former girlfriend.  He took out his anger  by e-mailing naked photos  of her  to more than 70 people, including her parents, grandparents and teachers. She had taken the photos voluntarily.  Alpert, then 18, was charged with transmitting child pornography. He plead “nolo contendere” to the charges.  Today Alpert is serving five years of probation for the crime. He is also registered as a sex offender.  He must stay registered until he is 43 years old.  He recently appeared on Fox News and blamed his attorney for not making clear to him what his  plea would mean with regards to being required to register as a sex offender.  What Phillip does not say in the interview that if he tried the case the jury probably would have had no choice but to convict.  This may have resulted in mandatory prison time.

If you do not think this can happen head on down to Georgia and speak with Genarlow Wilson.  In his case teen sex at a party turned into a statutory rape conviction with a sex offender tag and mandatory 10 year prison sentence.  He was 17 and the girl was 15.  His conviction was eventually overturned by the Georgia Supreme Court but not before he spent two years of  the 10 behind bars.  A young life changed forever after what was really nothing more than poor teen judgment.  Genarlow also faced a similar choice. He was offered a much lighter sentence but would have still had to register as a sex offender. A conviction meant a mandatory 10 year sentence.  He chose to try the case.  He lost in the short term but is now free of the sex offender tag and moving on with his life. genarlow-wilson

Alpert is not an isolated case.” Sexting” is becoming the  “mainstream norm”  It has apparently lost all context among teens as to what it really means to “hit send. It has become so ingrained within the “play zone”  between generations Y and Z  that an almost complete disconnect has evolved between act of hitting send  and content being transmitted and stored on the other end when it comes to our cell phones.  In the teen mind  if it is transmitted by cell phone it “isn’t real” and not covered by any definition of moral responsibility or man made law much the same way a dollar bill in Las Vegas loses all context when converted into a gaming chip.  Much the same way two consenting teens hook up for a quickie at a high school house party.  Judgment that is flawed as a pure matter of age becomes even more so with consequences never envisioned until an indictment is handed down and a jury says guilty.

You may cry foul and exclaim that the images were not obscene. You may argue that  this was not the intent of child pornography laws. You may go on Bill O”Reilly and rant that the laws your child is being prosecuted under laws meant to deter pedophiles and perverts  and instead are being used “in loco parentis” when punishment for such indiscretions should be left to the parents.  You may very well be doing all these things as the process takes on a life of its own.  You may be doing these things as  your child is indicted,  convicted and his/her appeal winds its way slowly through the justice system while he serves his mandatory minimum sentence  at the nearest state or federal penitentiary with real perverts and child molesters or at some “gladiator” juvenile facility.

Moral of story?  Regardless of whether you think this is much ado about teens being teens.. have the talk.

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