Etiquette



DP Etiquette

First rule: Don't be a jackass.

Other rules: Do not attack or insult people you disagree with. Engage with facts, logic and beliefs. Out of respect for others, please provide some sources for the facts and truths you rely on if you are asked for that. If emotion is getting out of hand, get it back in hand. To limit dehumanizing people, don't call people or whole groups of people disrespectful names, e.g., stupid, dumb or liar. Insulting people is counterproductive to rational discussion. Insult makes people angry and defensive. All points of view are welcome, right, center, left and elsewhere. Just disagree, but don't be belligerent or reject inconvenient facts, truths or defensible reasoning.

Tuesday, December 6, 2022

Philosophy & science for wonks: Is WIMP better than DSD?

CONTEXT
Trigger alert, this post is long and wonky. This is not for the weak of heart or the potato of couch. Get children out of the room. Separate the dog from the cat. Put on the tea kettle. Gird up your loins. 




In physics, WIMP is the acronym for weakly interacting massive particle. Wikipedia describes physics WIMPs like this:
WIMPs are hypothetical particles that are one of the proposed candidates for dark matter. There exists no formal definition of a WIMP, but broadly, a WIMP is a new elementary particle which interacts via gravity and any other force (or forces), potentially not part of the Standard Model itself, which is as weak as or weaker than the weak nuclear force, but also non-vanishing in its strength.
This post is not about that kind of WIMP. 

This is about something called DSD by some advocates, but maybe the acronym WIMP meaning weakly interacting mental phenomena is a better term. Why? Because DSD is an acronym for Descartian Spiritual Dualism that some people believe in today. Scientists tend to be mostly materialists. They are put off by trying to fit the concepts of dualism and a kind of spiritualism into mainstream modern science. 

Why? Because materialism is a theory that the world is entirely physical, but dualism is a theory or set of theories that there are two fundamentally different kinds of things in the universe: mind and bodies. Dualists say that minds are not made out of physical stuff, and they are not subject to the laws of nature. Now you can see why most scientists would be hostile to the idea of turning dualism or spiritualism into mainstream science. Although not a real scientist, I had that hostility until I came to understand that DSD could be considered a legitimate topic of scientific inquiry. 

Why might DSD could be considered a legitimate topic of scientific inquiry? Because: 
(1) we still do not understand the mind, consciousness, free will, how sensory inputs trigger emotions, biases or beliefs, etc.; and
(2) humans are hard wired by evolution for spirituality, usually manifested as a formal religion such as Christianity, Judaism, Islam, Hinduism and the like and all their variants, Catholicism, Protestantism, Mormonism and the like; therefore
(3) some people are going to keep trying to fit things like WIMP (or DSD) into modern science until we come to understand whether the dualism is real or not.

So, in the spirit of being open-minded, hopefully not feeble-minded, it is time for Dissident Politics (i) to wade into the muck to consider whether WIMP or DSD is the better acronym, and (ii) regardless of the label one uses, what the heck is WIMP or DSD?

 -- End of context (thankfully) --

The blog post
dcleve is a believer in DSD. I suggested changing it’s name to WIMP to make the idea sound more like science than DSD. He described what WIMP is in this rather long comment:

I will try to follow your suggestion and try using the term WIMP, instead of spirit or soul .... We can see how it goes.

The basic WIMP model is that our world is not monotonic, and there are two different and weakly interacting categories of things, mental and physical phenomenon. AND, that the “mystery” of consciousness can be solved by postulating that we humans (and all living things, at least in my version) are DUAL entities, in which aspects of the physical, and aspects of the mental , are interacting.

Most people think in WIMP terms, but rarely try to think thru what the WIMP assumptions imply. You want to know, so I will try to flesh it out.

1) WIMP holds that there are likely to be non-physical mental objects. These would most likely be entities, but maybe there can be non-entity mental objects too.

1a) The possibility of non-entity mental objects is something that should be very high on the “to investigate and figure out” list for WIMP advocates. I have not made this a priority for myself, and perhaps should.

1b) The investigation of non-physical entities has been a major focus of WIMP research. I have had significant first person experiences supporting the existence of discarnate entities. How to do first person empiricism is should also be a significant priority for WIMP advocates.

2) Living things operate under evolutionary processes. If living things are dualist, then the development of that dualism had to have some benefit to the beings that acquired it.

2a) I have found several mind theorists who have come up with plausible evolutionary explanations for why life developed consciousness. Karl Popper postulated that it was so living things could develop models of our reality (access hypotheses from world 3), so they could run simulations of actions before doing something that might prove fatal. Nicholas Humphreys postulated that life already did models, and needed to distinguish models from reality, and a STRONG IMMEDIATE experience could be distinguished from the weak sauce of modeled reality. Mark Solmes postulates that we need some way to maintain homeostasis in novel environments, and qualia about how we feel was the way life did this. Note, all of these extend consciousness to the most basic of living things, which need to model reality to learn, and which need to maintain homeostasis in novel environments.

My WIMP proposal is for the same bacterial origin that these other thinkers use, and it is to postulate that agency, self- identity/priority, and willing were useful for bacteria, and those that had the ability to become dual WIMP entities had a strong advantage over their peers.

3) And our consciousness has become highly tuned, indicating it is supremely beneficial evolutionarily. We should expect that the WIMP interface to ALSO have been tuned evolutionarily.

3a) There are several implications to this:

3a1) WIMP interactions are weak, so they would need to be leveraged massively. The brain is where this interaction would take place, and the brain IS massively leveraged, such that very small energy inputs into a few synapses, could cause brain states, which can cause macro body movements, This is MANY orders of magnitude of leveraging.

3a2) WIMP interactions are possible outside of brains and life. But they are weak, so will be rare, and hard to detect.

3a3) Brains are tuned to do WIMP interactions (see 3a1) so brains are plausibly good instruments to do experiments on WIMP interaction. Channeling and mysticism is doing this.

3a4) Developing mechanical instruments to do WIMP interaction is, however, plausible as well. One of the things that some psychic researchers tend to use are instruments with very low triggering energy. A radio tuned to a while noise station is the sort of device that is sometimes used.

4) The LACK of direct knowledge of the Mental realm for most of us is a challenging observation for WIMP. WIMP needs to be patched to address this observation.

Hmm -- I am running out of steam here, it is late. ALSO, people tend to be less good at identifying challenges to their worldview, than at identifying supporting evidences. We are all geared to do confirmation bias.

I will offer the critiques I assembled for an IDEALIST worldview, as a possible example for how to put challenges together for a non-physicalist model. Idealism is not widely held, but interestingly, most psi researchers are idealists, and the book review I will be referencing is for a team that includes psi researchers. A few of the questions I asked are evidence FOR WIMP as opposed to the Strongly Interacting Mental Phenomenon this team postulates (they hold by SIMP, in your terms). Here is the review, with critique questions: Scientifically flawed 


-- 7th inning stretch --


 
-- Germaine’s comments --
I remain significantly confused.

1, 1a, 1b) What experiment(s) could be devised to determine if there are non-physical mental objects and whether they are entities or non-entities? I presume that entity means something with some form of consciousness. 

2) Whether beneficial or not, if we’re dualist critters, the immaterial thing(s) or WIMP(s) can’t be so detrimental that it causes dualist species to go extinct. Could it be weakly detrimental or neutral, or does it have to be more than trivially beneficial? If so, why? Sentience? Bias toward life? Are there any non-dualist life forms on Earth? How can we know?

2a) I’m baffled about what physical structure(s) is needed to enable or allow dualist life forms, especially ones without brains. Bacteria have sensors and can react to things and changes in the environment, but there is no brain. What kind of consciousness is there in life forms without brains? How can we know it is consciousness and not signaling the environment through means that are sometimes reasonably well known and understood? Humans maintain homeostasis in novel environments by mechanisms that I think are reasonably explained by physical biological phenomena. Is that not true?

3) How do we know that our consciousness is highly tuned, and if so, tuned by what, evolution, WIMPs or both? Why would we expect the WIMP interface to have been tuned evolutionarily. That seems to imply some form of two-way communication or interaction. Does that mean that life in Earth shapes and/or influences WIMP sources?

3a1, 3a2) I can see the leveraging argument is necessary to go from a weak influence to beliefs and behaviors. But is there evidence that WIMP interactions (i) are possible outside of brains and life, or (ii) why they are necessarily rare. By definition weak interactions are hard to detect, so that makes sense.

3a3) Assuming that brains are tuned to detectably respond to WIMP interactions then brains-minds can be studied. From the little I think I know, channeling and mysticism are not well understood. Some researchers consider channeling might be a form of mental disorder or unusual mental process. But there is uncertainty. My searches turned up very few peer reviewed papers in mainstream science journals. Apparently, the human brain-mind can create perceptions of things that do not correspond to physical reality, e.g., hallucinations. Or are those things manifestations of WIMP interactions? There seems to be a heck of a lot of uncertainty and conclusions are usually posited tentatively, with calls for more research, e.g., this:
Voice parameters were different between channeling and no-channeling states using rigorous controlled methods, but other physiology measure collected were not. Considering the subjective and phenomenological differences observed, future studies should include other measures such as EEG connectivity analyses, fMRI and biomarkers.
3a4) I’m unsure what instruments could be developed to detect and characterize WIMP interactions. How can alleged signals that human technology can detect determine if what is detected arose from the physical world or a non-physical source? It makes sense that detection instruments would need to respond to very low triggering energy because WIMPs are weakly interacting, but nonetheless the machine detects a signal from the physical world. Right? So, how can a radio tuned to a white noise frequency distinguish a WIMP signal from a physical signal? Aren’t radio waves physical universe things, not immaterial universe things? Do WIMPs elicit static radio waves from brains? I’m missing something here.

4) The lack of direct knowledge of the mental realm (WIMP? a soul or spirit?) is what my 3a4 comments are about. There is a fundamental disconnect between physical-material universe detection instruments that humans can build and the non-physical-immaterial signals they are trying to detect. Unless I misunderstand, humans and their technology are trapped in our physical universe. How can WIMP theory and research be patched to address this problem? I’m stuck at the point of the boundary of the two worlds. I don't know how or if anyone can cross it.

That’s all I’ve got. Mainstream science seems to still not accept the concept of WIMPs (souls, spirits or whatever), but at least the label feels to me to be both (i) easy and comfortable to use, and (ii) helpful in understanding the nature of the problem. But that’s just me. Maybe for most people, WIMP is little or no better or worse than DSD. 

This reminds me of an argument about the power of clarifying disputed matters.



Acknowledgement: Thanks to dcleve for taking the time to explain the situation with DSD or WIMPs.

News bits: Trump, more Trump, Republican treason, etc. It's a busy day!

From the he didn’t say what he said files
Trump now says he didn’t say what he said. The title of an article in The Independent says, what one needs to know: Trump falsely claims he never called to ‘terminate’ US constitution despite having said exactly that. Now we’re back to this dirty trickery:




From the corrupt Trump files
An article in The Guardian, Trump did not disclose $19.8m loan while president, documents show, discusses standard Trump style corruption. The loan was from a company with links to North Korea. Merrick Garland isn’t going to do anything about this little oversight. But never mind any of that, let’s see what is on Hunter Biden’s laptop. 



From the Republican elites are lying fascist traitors
and they hate democracy files
Top US conservatives pushing Russia’s spin on 
Ukraine war, experts say

Some of the Kremlin’s most blatant falsehoods aimed at undercutting US aid are promoted by major figures on the right

Ever since Russia launched its brutal war in Ukraine the Kremlin has banked on American conservative political and media allies to weaken US support for Ukraine and deployed disinformation operations to falsify the horrors of the war for both US and Russian audiences, say disinformation experts.

Some of the Kremlin’s most blatant falsehoods about the war aimed at undercutting US aid for Ukraine have been promoted by major figures on the American right, from Holocaust denier and white supremacist Nick Fuentes to ex-Trump adviser Steve Bannon and Fox News star Tucker Carlson, whose audience of millions is deemed especially helpful to Russian objectives.

On a more political track, House Republican Freedom Caucus members such as Paul Gosar, Marjorie Taylor Greene and Scott Perry – who in May voted with 54 other Republican members against a $40bn aid package for Ukraine, and have raised other concerns about the war – have proved useful, though perhaps unwitting, Kremlin allies at times.
Ooh, interesting. Are Gosar, Greene and Perry stupid enough to be unwitting Kremlin allies? Or, are they fascists who knowingly want to help Putin destroy Ukraine and slaughter its people? I think we can rest assured that Fuentes, Bannon and Carlson definitely are fascists who knowingly want to help Putin destroy Ukraine and slaughter its people.


From the On a Lighter Note Files:
More about those massively
important Dick Pics! 
Donald Trump Demands To Be Restored To Power After Americans Deprived Of Constitutional Right To See Hunter Biden Dick Pics

Get a load of these wankers!

“What really happened with the Hunter Biden story suppression by Twitter will be published on Twitter at 5pm ET!” Trump tweeted, adding “This will be awesome” and a popcorn emoji 🍿 in case there was any doubt how wild things would get. No mention was made of the day’s earlier debacle: after antisemitic rapper Ye’s account was suspended on the same day Twitter welcomed Andrew Anglin, the founder of the virulently antisemitic Daily Stormer website, back to the platform.[1] Don’t look over here, look over there!

At 5:21pm, the Muskboys [Elon Musk’s minions] were still “double-checking some facts,” but eventually Substacker Matt Taibbi delivered a 41-tweet thread showing the company’s Trust and Safety team grappling in good faith with what looked at the time very much like a foreign government hack and/or misinformation operation timed to interfere with the American election. Indeed, this was a grappling which had taken place at multiple conservative media outlets, including Fox and the Wall Street Journal, both of which passed on the story before the New York Post picked it up. This was in part because Rudy Giuliani and Steve Bannon could not demonstrate the provenance of the laptop supposedly belonging to candidate Biden’s son, and they still can’t.

What might said emails contain? Matt Taibbi, a journalist with 30-plus years of experience, does not say. But he and the Muskies [Elon Musk’s minions] are sure this censorship is a sign of nefarious pro-Biden electoral interference.

In point of fact, the tweets featured both family photos of Hunter Biden’s minor children and pictures of his penis, both inside and outside of women, something Taibbi could easily have discovered since he and Bari Weiss are apparently being allowed to paw through company records at will. Hope no one wants to assert privilege over those docs later!

Publishing nude photos without consent is unambiguously a violation of Twitter’s terms of service, and indeed a private platform is free to censor anything it likes. Nonetheless, these brain geniuses are sure that this is a gross violation of the Constitution which will bring down the Republic. Because if websites aren’t obligated to publish pictures of Hunter Biden’s junk, then what even is the First Amendment for?

At the end of the thread, Taibbi declared himself spent, and thanked all who’d helped him reach this journalistic climax, spreading his seeds of truth far and wide. Then the circle of Musk fanboys and MAGA loons buttoned up their raincoats and took to Twitter to, ummm …. praise his wondrous emanation.

“We are witnessing the biggest story in modern presidential election history,” tweeted Pizzagate weirdo Jack Posobiec, adding “We can never go back to the country we were before this moment.”

Meanwhile, Florida’s preeminent law-understander has logged on to say that we should simply cancel the Constitution and put him back in power.
So, with the revelation of MASSIVE & WIDESPREAD FRAUD & DECEPTION in working closely with Big Tech Companies, the DNC, & the Democrat Party, do you throw the Presidential Election Results of 2020 OUT and declare the RIGHTFUL WINNER, or do you have a NEW ELECTION? A Massive Fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution. Our great “Founders” did not want, and would not condone, False & Fraudulent Elections!
“UNPRECEDENTED FRAUD REQUIRES UNPRECEDENTED CURE!” the former president screams into the Truth Social ether. But not on Twitter, the platform which is supposedly revealing all this corruption.

The amazing revelation that Twitter failed to show pictures of Hunter Biden’s bits has thus fair failed to restore Trump to power. Even over at Fox, there seems to be a dawning realization that Musk and Taibbi’s package has failed to impress.

But hope springs eternal.

“I feel that Elon Musk has held back some material,” New York Post reporter Miranda Devine, an early proponent of the “laptop from hell” story said wistfully at Fox.

Or maybe not. Maybe Taibbi is just spilling his seed on the ground and all we’ll get out of this thing is some dick pics.

As is our sacred right under the Constitution!
Yes indeed, our sacred Constitutional right to see those dick pics has everyone up in arms. I'm all riled up!

Note the patriot on the far right goosing the 
butt of the patriot next to him
😊


Footnote: 
1. For those not among us elite cognoscenti, this is how Wikipedia describes the delightful Daily Stormer:
The Daily Stormer is an American far-right, neo-Nazi, white supremacist, misogynist, Islamophobic, antisemitic, and Holocaust denial commentary and message board [and bar and grill] website that advocates for a second genocide of Jews. It is part of the alt-right movement [including the entire Republican Party leadership]. Its editor, Andrew Anglin, founded the outlet on July 4, 2013, as a faster-paced replacement for his previous website Total Fascism! 😍, which had focused on his own long-form essays on fascism, race, and antisemitic conspiracy theories. In contrast, The Daily Stormer relies heavily on quoted material with exaggerated headlines. (emphasis and emoji added)
The daily poop stormer

Monday, December 5, 2022

Terminate the Constitution? The GOP seems to be OK with the idea!

This one is a double MAGA!! story. Several sources are reporting that Trump has issued a call to terminate the constitution. Newsweek writes:
Donald Trump has sparked a furious backlash after he called for the “termination” of parts of the Constitution to overturn the results of the 2020 election.

The former president, who announced in November that he would run again for president, reiterated his baseless claims of widespread fraud in the 2020 election in posts on his Truth Social platform on Saturday.

But he went further by suggesting that the U.S. abandon one of its founding documents.

“A Massive Fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution,” Trump wrote in response to Elon Musk’s “Twitter Files.”

Musk had claimed the files would reveal how the social media platform had suppressed a New York Post story about Hunter Biden prior to the 2020 election. However, some people described them as a “snoozefest” that did not bring to light anything that was not already known about the platform’s handling of the story.
So, as one commentator quipped, not only is Trump trying to protect the Constitution by nullifying it, he is a repeat offender after his 1/6 coup attempt to nullify it.

As party leaders remained silent, a few Republicans on Sunday rejected Donald Trump's extraordinary suggestion for "termination" of the U.S. Constitution and his installation as president. 

Mike Lawler, an incoming House Republican from New York, told CNN's State of the Union that “obviously, I don’t support” Trump’s demands, and that the Constitution exists “to protect the rights of every American.” Lawler and others suggested that Trump needs to get past his 2020 election loss to President Joe Biden: “I think the former president would be well-advised to focus on the future, if he is going to run for president again.”  
Higher-ranking Republicans remained silent, while Democrats and others condemned what some described as a call for dictatorship.
Note that Lawler did not say he does not support Trump as a candidate for president. Instead, he gives Trump advice on how to win the 2024 presidential election. 

Trump's call to suspend Constitution not a 2024 deal-breaker, leading House Republican says 

Republican Ohio Rep. Dave Joyce said Sunday that he didn't want to be drawn into commenting on Donald Trump's recent call to suspend the Constitution over baseless claims of 2020 election fraud.

Joyce, the chair of the Republican Governance Group, a centrist group in the House, was asked by ABC "This Week" anchor George Stephanopoulos to respond to Trump's post on Saturday on his Truth Social platform. The former president wrongly asserted that the "massive fraud" -- which did not occur -- "allows for the termination of all rules, regulations, and articles, even those found in the Constitution."
Note that Joyce is being called a centrist. A centrist? Really? What the hell is a good, solid rightist in the GOP, Hitler? What does all of this tell us, or at least suggest? At least four things come to mind:
  • It tells us, yet again, that Trump is a dictator wannabe who naturally opposes democracy, the rule of law, and civil liberties right down to his rotten, corrupt, bigoted, mendacious dictator core
  • It tells us, yet again, the Republican Party leadership is no different than Trump, other than being more practiced at deceit, and therefore are far more subtle and deceptive about their bigoted anti-democracy, pro-theocratic tyranny, kleptocratic agenda
  • It tells us that less sophisticated anti-democracy, pro-tyranny Republican liars like Mr. Lawler are blatantly incoherent and mendacious in their pretense to be pro-democracy (given the obvious stupidity of his comments, one has to wonder if he really is that stupid)
  • In view of the practiced, intractable mendacity of Trump and the GOP elites, it strongly suggests that they believe that overt calls for dictatorship won’t alienate most rank and file Republican voters (if the elites thought otherwise this would not have played out as it has so far, i.e., the GOP leadership would have jumped on Trump instantly and unanimously condemned him - instead, they see him as an OK candidate for president and are just weighing the public reaction to see what, if any, public response they need to make to help them stay in power - they will opt for the popular and effective KYMS* tactic if they can get away with it) 
* KYMS - keep your mouth shut

The grave, imminent threat to American democracy, the rule of law, civil liberties, truth, secularism and tolerant pluralism has not gone away. It is not going to go away for the foreseeable future. Both Trump and the Republican Party leadership and elites really are cynically and deeply mendacious anti-democratic, pro-theocratic tyranny and pro-kleptocracy.


Q: Is my threat assessment to democracy, the rule of law and civil liberties too hyperbolic or otherwise false, unreasonable or nutty because things like tyranny, theocratic Christian Sharia law, Christian Taliban theocracy, capitalist and Christian kleptocracy and/or bigoted fascism just can’t happen here?

Sunday, December 4, 2022

Anti-climate science Republican activism

Texas leads attack on efforts to deal
with climate change
The Texas Public Policy Foundation is shaping laws, running influence campaigns and taking legal action in a bid to promote fossil fuels.

When a lawsuit was filed to block the nation’s first major offshore wind farm off the Massachusetts coast, it appeared to be a straightforward clash between those who earn their living from the sea and others who would install turbines and underwater cables that could interfere with the harvesting of squid, fluke and other fish.

The fishing companies challenging federal permits for the Vineyard Wind project were from the Bay State as well as Rhode Island and New York, and a video made by the opponents featured a bearded fisherman with a distinct New England accent.

But the financial muscle behind the fight originated thousands of miles from the Atlantic Ocean, in dusty oil country. The group bankrolling the lawsuit filed last year was the Texas Public Policy Foundation, an Austin-based nonprofit organization backed by oil and gas companies and Republican donors.

With influence campaigns, legal action and model legislation, the group is promoting fossil fuels and trying to stall the American economy’s transition toward renewable energy. It is upfront about its opposition to Vineyard Wind and other renewable energy projects, making no apologies for its advocacy work.

Once more, the evidence shows that radical right authoritarian Republican elites are hell bent on continuing to pollute and profit from it. The anti-climate science money is coming from coal, oil, natural gas, chemical and other giants. Those powerful influence buying machines don’t care how bad climate change can get, how many species go extinct or how many people die. Money talks and everything else, including human survival, walks.

For context, 72% of Americans believed in 2021 that climate change is real.


That is more evidence that the radical right does not care about public opinion, which is more evidence that the radical right is authoritarian, not democratic. However, some evidence indicates that anti-climate change from the radical right is convincing Americans that what they do has no influence on the climate:

Fewer Americans think their actions influence climate change than they did three years ago, an AP-NORC poll out Monday found.

The poll also found that Americans are less concerned about how climate change may impact them personally than they were in 2019, with 35% of U.S. adults saying they "extremely" or "very" concerned about the impact of climate change, compared with 44% in 2019.
  • 52% of Americans say their actions have an effect on climate change, compared to two-thirds saying the same in 2019.
  • A majority of Americans, 71%, believe that climate change is occurring and among those who believe climate change is happening, a majority say that it is caused either entirely or mostly by human activity.
  • Of those who say climate change is happening, 70% say it is necessary for individuals to make lifestyle changes to combat climate change.
That suggests that the radical right’s massive anti-climate science lies and propaganda campaign is working. Bummer. 

ANYONE want to discuss Hunter Biden's Dick Pics?

 No? I didn't think so either. BUT for the curious here is the story:


No, You Do Not Have a Constitutional Right to Post Hunter Biden’s Dick Pic on Twitter

Elon Musk and Matt Taibbi’s First Amendment follies.

While normal humans who denied Republicans their red wave were enjoying an epic sports weekend, an insular community of MAGA activists and online contrarians led by the world’s richest man (for now) were getting riled up about a cache of leaked emails revealing that the former actor James Woods and Chinese troll accounts were not allowed to post ill-gotten photos of Hunter Biden’s hog on a private company’s microblogging platform 25 months ago.

Now if you are one of the normals—someone who would never think about posting another person’s penis on your social media account; has no desire to see politicians’ kids’ penises when scrolling social media; doesn’t understand why there are other people out there who care one way or another about the moderation policies surrounding stolen penis photos; or can’t even figure out what it is that I’m talking about—then this might seem like a gratuitous matter for an article. Sadly, it is not.

Because among Republican members of Congress, leading conservative media commentators, contrarian substackers, conservative tech bros, and friends of Donald Trump, the ability to post Hunter Biden’s cock shots on Twitter is the number-one issue in America this weekend. They believe that if they are not allowed to post porno, our constitutional republic may be in jeopardy.

I truly, truly wish I were joking.

Here’s a synopsis for the blessedly uninitiated:

On Friday, Elon Musk promised to reveal “what really happened with the Hunter Biden story suppression by Twitter.” It turns out that he had provided a trove of internal corporate documents to the Tulsi Gabbard of Substack, Matt Taibbi, who said they amounted to a “unique and explosive story”—revealing the juicy details inside Twitter’s decision to suppress the New York Post’s Hunter Biden laptop story, which had previously been rejected by such liberal outlets as Fox News and the Wall Street Journal due to its suspicious provenance. Taibbi agreed to divulge these private emails on Twitter itself rather than via his Substack as part of a “few conditions,” which he does not detail, that were imposed on him, presumably by Musk or a Musk factotum.

The documents Taibbi tweeted on Friday were titillating in the way that reading private correspondence revealing what people were really saying around a controversial subject always is, but nothing new was learned about the contours of the story. The leak mostly relitigates two facts that have already received much ink across the media: 1) How Twitter throttled the New York Post’s initial story about Hunter’s laptop based on what we now know was an incorrect assessment of its source; and 2) How political campaigns and government agencies have worked with social media companies—in this case Twitter—to flag troubling content.

On the first point, the emails confirm the essential consensus that has come into focus in reporting on the matter: Twitter got out over its skis on the ban and a typical corporate bureaucratic goat rope ensued as the company tried to “unfuck” the situation, as one employee put it. To say that this is not a new revelation would be an understatement given that Twitter’s former CEO Jack Dorsey admitted that this was a mistake over a year ago.

As such it was the latter point that drove the most hysterical discussion online on Friday.

The most retweeted installment in Taibbi’s thread (so far) was this, which purported to show the Biden campaign directing Twitter to delete specific tweets:

This supposed smoking gun resulted in Musk responding to his own journalistic stenographer on Twitter with a fire emoji and the comment “If this isn’t a violation of the Constitution’s first amendment, what is.” Musk was so impressed with this digital citizen’s arrest, that he made it his pinned tweet, after which the MAGA attaboys for Musky came hot and heavy.

Right-wing commentator Buck Sexton (real name), said this was a “bright red line violation” and that Biden should be IMPEACHED for it. Rep. James Comer (R-TN) was on Fox promising that everyone at Twitter involved with this would be brought before the House Oversight committee. Rep. Billy Long retweeted several MAGA influencers praising Elon for, among other things, “exposing corruption at the highest levels of society” (Projection Alert). Meanwhile Kari Lake hype man Pizzagate Jack Posobiec declared this the “biggest story in modern presidential election history,” claimed that “we can never go back to the country we were before this moment,” and donned this “a digital insurrection.”

In reality, all they really had was a digital erection.

The offending material that Taibbi revealed was removed by Twitter at the Biden campaign’s request turns out to have been a bunch of links to Hunter Biden in the buff.

There was a tweet from a Chinese account featuring a naked woman on top of Hunter Biden, as well as a family photo. Two pictures of Hunter Biden’s penis, one with another woman in the background. Taibbi’s next list of material was removed by Twitter after being flagged by the Democratic National Committee. They include a picture of Hunter Biden smoking crack and getting his feet rubbed and a link to a Hunter Biden sex tape.

And that’s the big hubbub. Social media company removes unwanted dick pics: News at 11.


As someone who once consulted for social media companies on content moderation issues, let me tell you, the amount of eggplant-related terms of service violations that these platforms review in a given year is so voluminous that we have not yet invented an artificial intelligence machine capable of counting them.

Yet Taibbi and Musk are trying to turn this mundane moderation matter into the story of the century by emphasizing a few misconceptions about how platforms work with political campaigns and what First Amendment obligations they do or do not have. To debunk a few of them:

1. Campaigns of all ideological stripes have direct lines into social media companies and make requests about offending content. There is nothing at all strange about what is shown in these emails. If Jeb’s kid’s grundle was posted by a Chinese troll, we surely would’ve flagged that for the company in the hopes they deleted it, and I suspect their internal correspondence on the matter would’ve been identical. This would not have been a “demand” or a “dictate” from our campaign, mind you. Companies can do what they want.

2. In this specific instance, the requests came from a campaign that has absolutely no government authority at all. At the time of the correspondence in question, Joe Biden was a private citizen running for office, while Donald Trump was the president. Taibbi acknowledges that Trump’s White House made requests that “were received and honored” and that “there’s no evidence—that I’ve seen—of any government involvement in the laptop story.” So if there are any First Amendment issues at play here—and I don’t believe there are since neither Musk nor Taibbi have demonstrated that the government made any mandates on Twitter—they would, in this case, only relate to the material that Trump wanted removed.

3. Why MAGA Republicans and Elon Musk are so adamant that people be able to post photos of Hunter’s johnson is something that should probably be explored with their respective preachers or psychiatrists, but it is certainly not a matter for constitutional scholars or litigators. While Mr. Lisbon from the Virgin Suicides may derive a depraved type of happiness from publishing pictures of other people’s genitals on a private company’s public bulletin board without the approval of those pictured, the First Amendment does not bestow upon him the right to prevent the company from taking down the offending material.

To sum up what we learned: Big penis, little news, First Amendment not under threat.

Musk and Taibbi have promised more editions of the “Twitter Files” in the coming days, maybe next time they won’t come up so limp. 😅

https://www.thebulwark.com/no-you-do-not-have-a-constitutional-right-to-post-hunter-bidens-dick-pic-on-twitter/

Saturday, December 3, 2022

An expert opines on Moore v. Harper: Maybe it will backfire against the GOP?

I have repeatedly warned that the pending Moore v. Harper case pending in the Supreme Court is likely going to be a probably lethal blow to elections and American democracy. One expert has an interesting analysis worth considering. A WaPo analysis and opinion by Sam Wang (Professor of Neuroscience, Princeton University, director of the Electoral Innovation Lab) comments:
On Dec. 7, the Supreme Court will hear oral argument in Moore v. Harper, a case that could upend how states oversee federal elections and open the door to increased congressional gerrymandering. The central issue is a radical theory favored by a faction of legal thinkers on the right. But if they looked at the math, they would see that a win would likely backfire on Republicans.

Petitioner Timothy Moore is speaker of the GOP-controlled General Assembly in North Carolina, where earlier this year the state Supreme Court overturned the legislature’s redistricting plans as “unlawful partisan gerrymanders.” Appealing that ruling, Moore and fellow legislators cite what has become known as the independent state legislature doctrine, or ISL — a theory based on the elections clause of the U.S. Constitution, which says, in part, “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.” This sentence has long been understood to mean that the legislature passes state election laws, but — like other laws — they must be consistent with state constitutions and can be overturned by court review or a governor’s veto. ISL proponents read it as giving sole authority to the legislature, removing one or more of the usual checks on runaway legislative power.

But if the Republicans win in the U.S. Supreme Court, the result on a national scale would almost certainly benefit Democrats. Why? Because outside North Carolina, only swing states and blue states have curbed partisan gerrymandering. In Pennsylvania, New York, Connecticut, Minnesota, New Hampshire, Wisconsin and Virginia, this was done through the intervention of governors or voting-rights-minded state courts; in Arizona, California, Michigan and Colorado, citizen initiatives gave redistricting authority to independent commissions.




One way to see the Democrats’ likely advantage: In the 2020 presidential election, the 12 states where districts were drawn by court order or by independent commissions gave 184 electoral votes to Joe Biden and only 15 electoral votes (those from North Carolina) to Donald Trump.



A win for Moore would potentially unleash all those states to redistrict at will. In contrast, in 19 states where Republicans already have legislative control of redistricting, many partisan gains are maxed out, and nothing would change.

The justices could say that courts cannot use state constitutions to intervene, they could invalidate independent commissions, or they could take away the governor’s veto power over election laws. The Supreme Court has already declined to consider a case involving the third interpretation. We gamed out the other two by examining extreme partisan possibilities in each state. In both interpretations the conclusions were similar: Election maps completely controlled by state legislatures would change the overall balance of congressional seats in Democrats’ favor.

The Supreme Court has at least three options for interpreting the independent state legislature theory in a logically consistent manner: The justices could say that courts cannot use state constitutions to intervene, they could invalidate independent commissions, or they could take away the governor’s veto power over election laws. The Supreme Court has already declined to consider a case involving the third interpretation. We gamed out the other two by examining extreme partisan possibilities in each state. In both interpretations the conclusions were similar: Election maps completely controlled by state legislatures would change the overall balance of congressional seats in Democrats’ favor.

The first interpretation could potentially liberate several Democratic states to gerrymander by removing state court authority. For example, in April, a New York state court used anti-gerrymandering provisions in its state constitution to throw out a Democratic-drawn map that, based on our analysis of past voting patterns, could be expected to consistently elect 19 Democrats and seven Republicans to the House. The court-approved replacement map made five of the Democratic seats competitive, and four of these went Republican in the Nov. 8 election. If the Moore litigants win, New York and Maryland, where a second pro-Democratic map was overturned, would surely waste no time in restoring gerrymanders.

Democrats would also gain power if independent citizen commissions were struck down. In 2010, citizens gave an independent commission power over congressional redistricting in deep-blue California, with the support of then-Gov. Arnold Schwarzenegger, a Republican. Since then, Michigan and Colorado, two states now controlled by Democrats, have also formed independent commissions. Striking down these three commissions would give Democrats the ability to draw themselves up to a dozen additional seats.

Legal scholars both liberal and conservative have come out against the independent state legislature doctrine — some expressing concerns that the doctrine might embroil federal courts in endless lawsuits concerning future elections. Proponents of the theory are hoping to find a receptive audience in a reactionary and increasingly activist Supreme Court. But if the court steps back from taking this aggressive step, it will confound critics — and Republicans should consider themselves lucky.
In view of Dr. Wang’s analysis, I revise my confidence level from ~90-95% to ~65% that the Republican Supreme Court will make the independent state legislature theory or doctrine (ISLD) into binding law. This decision by the six Republicans on the bench will be made on the basis of what best serves the Republican Party’s grip on power. 

If there was little uncertainty in the analysis, my confidence level would drop to ~10-15%. But there is significant uncertainty.  One uncertainty arises from the fact that the Supreme Court does not act in a “logically consistent manner.” Wang’s analysis assumed a logical decision. I do not assume that. The current Republican Supreme Court acts in a blatantly partisan manner, e.g., the irrational Dobbs decision in 2022 that obliterated the constitutional right to an abortion. So despite three logical ways to decide, there are multiple ways to illogically decide, including a decision that is partly logical and partly illogical.

Another uncertainty flows from Republican ideology. GOP dogma is anti-democratic, authoritarian and party-centric, i.e., pro-concentrated power, especially for the Republican Party. The ISLD has great appeal to pro-concentrated power dogma. The ISLD gives state legislatures almost absolute power to subvert elections and turn them into a partisan farce. That is basically what Hungarian president Viktor Orban did to elections and democracy in Hungary after he was elected to power in a free and fair election. As discussed here before, GOP elites and leadership have made it very clear that what want to do to America is the same as what Orban did to Hungary. This 5 minute interview with an expert describes the the situation.




Dr. Wang focuses on gerrymandering, but my understanding of the ISLD is that it has a far broader scope than just gerrymandering. ISLD protects state legislatures from election subversion, voter suppression and vote fraud. ISLD isn't only about gerrymandering. It's about the entire election process. 

Finally, there is some uncertainty in what affected blue states would do if the ISLD becomes the law. Affected blue states may not want to play hardball like what the red states do. My guess is that affected blue states probably would become more like red states. If so, this may not be much of a factor and Wang’s analysis on this point would probably be mostly correct for gerrymandering.