Daily Archives: March 1, 2017

The Erotics of Restraint, or the Angel in the Novel: A Note on Jane Austen’s Mansfield Park – Brooklyn Rail

Posted: March 1, 2017 at 9:11 pm

She simply felt a powerful inner resistance to paying any price in foreign currency.

Christa Wolf, The Quest for Christa T.

1. The Angel in the Novel

Call this an act of piety and self-education. Academia has sacrificed entire forests to the altar of Jane Austen, and I am not likely to add one whit to the pile. But her novel Mansfield Park has been gnawing at me for two decades, ever since I taught it at Skidmore College to a class of privileged young people who might have walked out of its pages. (One vivacious co-ed wore platform shoes and glitter on her eyelids and regularly skipped sessions to attend a mysterious court case on Marthas Vineyard.) My copy is a palimpsest of notes, multicoloured highlights, underlining, and plastic flags. Its been through a basement flood, and the rippled pages have sprung from the spine. I have a digital copy on my computer, equally marked up testament to my obsession.

Mansfield Park is a brilliant book, a great book, breathtaking in its invention and orchestration. The British critic of the novel Q. D. Leavis called it the first modern novel in England. And yet it is alien territory for the contemporary reader. Whereas we live in a culture of instant gratification and intimate sharing, Austens best people find impulse and promiscuous self-expression dangerous if not pernicious. They strive to train their thoughts and emotions like garden plants; they value comfort over adventure; they practice self-command, as they call it, learn self-sacrifice and restraint. For us, restraint is tantamount to repression. It has been over a century since Freuds talking cure leapt from the analysts couch to the living rooms of the West; self-denial (good) has become simply denial (bad).

In this regard Mansfield Park is perhaps the quintessential Austen novel and the least romantic romance ever written. The heroine, Fanny Price, wins the love of her life, her cousin Edmund Bertram (an Anglican clergyman), not by pursuing the object of her affection but by default after the love of his life, Mary Crawford, comes up morally short. Its not what Mary does thats wrong; its the way she thinks. Mary Crawford calls her brothers adultery a folly, while straight arrow Edmund calls it a dreadful crime. Fanny Price, the last woman standing after the implosion of the Bertram and Crawford families, goes even further, calling it a sin of the first magnitude, here touching the Christian bedrock that defines the moral structure of the book. Everything hangs on a fine discrimination of ethical intention, and Fanny is the only one who gets it right.

Fanny Price is a good person, a paragonhumble, grateful, dutiful, self-sacrificing, and restrained. Shes very much like two other reticent, long-suffering Austen heroines, Elinor Dashwood in Sense and Sensibility and Anne Elliott in Persuasion, except that in Mansfield Park Austen takes an uncharacteristically sharp turn into the theological underpinnings of early nineteenth-century English morality. Without Austen actually mentioning it (there are no prayers, sermons, church-goings, or appeals to God), the question of holiness suffuses the book. It does this obliquely via the ordination theme. In a letter to her sister, Austen wrote, it [Mansfield Park] shall be a complete change of subjectOrdination, that is to say, taking holy orders, becoming an Anglican priest (though, of course, it is not the heroine but her love interest who is ordained). Holiness may perhaps not be the correct word, since Austen keeps a tight rein on her otherworldly intimations. Her strategy is apophatic; she is more intent on describing the here and now and, through Fanny, critiquing its ethical superficiality than talking about faith, grace, and other divine interventions. With typical Austenian irony, she leaves it to her villain, Henry Crawford, to recognize Fannys figurative divinity:

You have qualities which I had not before supposed to exist in such a degree in any human creature. You have some touches of the angel in you beyond whatnot merely beyond what one sees, because one never sees anything like itbut beyond what one fancies might be. (284) [My emphasis throughout.]

By virtue of his role, a priest is a mediator, a link between the divine and the human. This is what Edmund Bertram is meant to become as the novel opens. Austen constructs his plot as a triad: Edmund pulled in two directions between Mary Crawford and Fanny Price. Though, of course, Fanny doesnt tell Edmund shes in love, nor does he recognize her as a love object until the very end of the novel. She is rather an expression of his best moral and spiritual inclinations, a model, reminder, and example. Mary Crawford represents the seduction of worldly pleasure; Fanny represents a narrowly ethical life, self-denying, dutiful, restrained, and devout; and the novel is Edmunds Pilgrims Progress.

What Fanny possesses that the other characters do not is an inner guide (We have all a better guide in ourselves, if we would attend to it...(341)), a principle of discrimination and self-discipline. There is a beautiful thematic passage near the end of the novel that makes the point: this is Sir Thomas Bertram meditating on the catastrophic choices his children have made and the defects of the education he has given them.

Something must have been wanting within, or time would have worn away much of its ill effect. He feared that principle, active principle, had been wanting; that they had never been properly taught to govern their inclinations and tempers by that sense of duty which can alone suffice. (382)

The phrase active principle is an Evangelical Anglican keyword. See for example William Wilberforces 1797 book A Practical View of the Prevailing Religious System of Professed Christians, In the Higher and Middle Classes in this Country, Contrasted with Real Christianity:

Religion...may be considered as the implantation of a vigorous and active principle; it is seated in the heart, where its authority is recognised as supreme, whence by degrees it expels whatever is opposed to it, and where it gradually brings all the affections and desires under its complete control and regulation.

This sentence can stand as a rough guide to understanding Fanny Prices character and the structure of the novel. Fanny doesnt have a plot in the usual sense of that term. At critical moments, she steadfastly refuses to act. But she bears an active principle in her heart, and her constant struggle is to school her thoughts and emotions toward goodness in a tainted world. You might call this a plot by another name, a mysteriously atypical plot-that-refuses-plot, and Austen uses it to draw a line between Mansfield Parks real Christians (Fanny, and, finally, Edmund) and professed Christians (everyone else).

Austen was not an Evangelical (she had a brother, Henry, who became an Evangelical clergyman after a failed career in banking). But it is in the nature of novel-writing to exaggerate positions for dramatic contrast. Evangelicals, influenced by European Protestantism, stressed individual faith, humility, and the ultimate sinfulness of mankind; think of them as Anglican born-agains but professing a nuanced distinction not rebellion. They were rather dour, proto-Victorians in our stereotyped understanding of the word.

Yet the Evangelical emphasis on the heart behind the act, the inner intention, fits very well with Austens own emphasis on Fanny Prices interiority, her dramatic soliloquies, her refusal to act where she cannot find a principled path, and her disapproval of frivolous amateur theatricals (precursors of what come to be thought of as Victorian values). It helps Austen find a dramatic perspective within the novel from which to judge the ethical superficiality of people like the Crawfords. A basic distinction to keep in mind when reading the novel is between characters who act out of principle and characters who act because they want something, whether it be money, admiration, or love. Austen announces the mercenary spin of Mansfield Parks presiding ideology in the precise calculations of the first two sentences.

About thirty years ago Miss Maria Ward, of Huntingdon, with only seven thousand pounds, had the good luck to captivate Sir Thomas Bertram, of Mansfield Park, in the county of Northampton, and to be thereby raised to the rank of a baronets lady, with all the comforts and consequences of an handsome house and large income. All Huntingdon exclaimed on the greatness of the match, and her uncle, the lawyer, himself, allowed her to be at least three thousand pounds short of any equitable claim to it. (5)

2. Impulsivity & Slaves, a Little Context

Mansfield Park, published in 1814, was Austens third novel in order of publication after Sense and Sensibility (1811) and Pride and Prejudice (1813). Emma appeared in 1815, and Austen died in 1817 at the age of 41. Northanger Abbey and Persuasion were published posthumously. Austen grew up in an Anglican rectory. When she was very young, she was sent away to school but contracted typhoid fever and nearly died. She lived most of her adult life with her economically insecure family (her father had to take in private students to make ends meet). She never married. It is unlikely she ever had sexual intercourse. She was already writing brilliantly when she was fifteen. Her best friend and confidante was her sister Cassandra. She had several brothers, two of whom became admirals in the Royal Navy, and one, as I have said, who became an Evangelical clergyman. There is evidence that she had more than one Austen-esque flutter with a young man, including a marriage proposal that she accepted and then turned down the next morning. Her novels are romantic comedies about young women jockeying for suitable husbands in provincial England. Usually, the young women come from economically insecure branches of upper-middle-class families. It was a time when women made their financial success or failure by the choice of the man they married. Otherwise they remained single and lived with the help of relatives, as did Austen herself.

English society throughout Austens short adult life was coloured by the events of the French Revolution and its aftermath, the Napoleonic Wars, and to a lesser degree the American Revolution and its aftermath, the War of 1812. It was an era when (apparently) poor impulse control had catastrophic international consequences and rebellious children caused horrendous imperial headaches; family and politics were reciprocally interchangeable metaphors. At the same time, Britain was in the early throes of the Industrial Revolution and a parallel surge in capitalist expansion fueled by the Enclosure Acts (1750-1860), which dumped immense numbers of rural unemployed (the so-called, oxymoronic, free labour pool) into factory towns, not to mention slave labour in the colonies.

African slavery and the Enclosure Acts created the surplus accumulation upon which modern capitalism is founded. Austen mentions the slave trade only once in Mansfield Park, in dialogue, though, of course, it is tacitly understood that slaves supply the labour on the Bertram estate in Antigua. When Fanny raises the topic with her uncle, her question is met with a dead silence (166), a response that can be read in many different ways but remains undetermined. The aforementioned Wilberforce and the Anglican Evangelicals were at the forefront of the English anti-slavery movement, which fits with Fannys implied disapproval.

New wealth (accompanied by a sense of entitlement and class privilege) and conservative tendencies were in the air Austen breathed; in this sense, Mansfield Park reflects the zeitgeist precisely, with its emphasis on emotional restraint, its use of the discourse of class and finance (income, interest, property) to gauge marital prospects, and its suppression of riot and rebellion amongst the younger generation of Bertrams. Maria Bertram, the scapegoat of the novel, fails to bury the tumult of her feelings under the restraint of society (162), commits adultery, and ends up exiled from the family.

3. What Happens

The edition I am using (Penguin Classics, 1996) runs to 390 pages, divided into three volumes (that function much like acts in a play with dramatic climaxes at the end of each) and 48 chapters. Fanny Price is the daughter of an impecunious, disabled lieutenant of Marines with a superfluity of children, living in the major naval town of Portsmouth. At the opening of the novel, Fanny goes to live in Northampton with the wealthy Bertrams (Lady Bertram is her mothers sister). Inviting her is an act of familial charity on the part of Sir Thomas Bertram, and Fanny is never allowed to integrate fully into the Bertram brood for this reason. Sir Thomas has two sons and two daughters, Tom, Edmund, Julia, and Maria. Edmund is the earnest second son; since he cant inherit the estate, he is bent on being ordained a clergyman with a living somewhere nearby. He befriends Fanny, helps with her education, and she falls in love with him without quite admitting it to herself and certainly not to Edmund or anyone else; she knows her place. Edmund loves her in his own way (as a sister, he keeps repeating), admiring her for their similarities: sense of duty, kindness, delicacy, and bookishness.

A fast, entertaining, and wealthy brother-and-sister duo, Henry and Mary Crawford, move into the neighbourhood. Edmund fancies Mary and a cat-and-mouse, book-length courtship ensues; Fanny watches and suffers. Henry Crawford is a delicious flirt; he goes after Julia, then Maria (who is already engaged). Sir Thomas has left for Antigua to fix something untoward with his plantation. In his absence, the young people get up to mischief that climaxes in a series of intense and inappropriate flirtations during rehearsals for a little amateur theatrical production they intend to perform, these illicit flirtations only brought to a thunderous and embarrassing halt on Sir Thomass return (a book burning ensues, the play books).

The young crowd scatters. Tom goes off to drink and gamble, Julia to socialize with friends and hunt a husband, Maria to her new husbands estate and town house. With no one else around to distract him, Henry Crawford pays suit to Fanny; he actually comes to recognize and value her good qualities, and he has good qualities of his own despite his impulsiveness (the reader is quite attracted at first, all the while knowing that Austen has dark plans for him). Henry makes an awkward marriage proposal; Sir Thomas becomes involved in forwarding the match, but despite his best efforts he cant convince Fanny to say yes to Henry. She has two good reasons, neither of which she can speak: she doesnt trust Henry and shes in love with Edmund. Annoyed by her silence, which he interprets as stubborn irrationality (Henry is rich, after all), Sir Thomas sends Fanny back to her family in Portsmouth to think things over in penitential squalor. This plan seems tantalizingly close to working. Fanny immediately misses the Bertrams and their estate, her health suffers, and Henry visits her, showing moral improvement and steadfastness of intention.

But then, back in the social jungle of London, the veneer of propriety comes unglued. Henry and Maria reanimate their affections and, horror of horrors, defy convention by running away together. Julia also elopes with an acquaintance from those amateur theatricals. Tom falls ill from carousing and returns to Mansfield Park on deaths door. Finally, Edmund uncovers Marys ethical superficiality and breaks off his relationship with her. Fanny has long recognized Marys failings, but she has kept her mouth shut as usual, suffering in silence. She returns to Mansfield Park to help look after the wounded family, especially Edmund, who eventually emerges from his disappointment and recognizes her not only as a figurative sister but as a potential marriage partner. They are set to live happily ever after. Not so poor Maria who cannot be resuscitated from disgrace. She is packed off to a distant place, though still supported comfortably by those long-suffering and nameless slaves.

4. A Structure of Threes

The novel is elaborately and intricately orchestrated. This is its genius a pure vein of what John Shade, the poet of Nabokovs Pale Fire (1962), refers to as combinatorial delight. You cant but admire the great rhythmic surges of action that intensify and climax at the end of each of the three volumes, the way that each event neatly evolves out of previous events like segments of a telescope tube being pulled open, the gorgeously elaborated system of subplots, and the way every action, speech, and bit of stage property (Fannys pony, the amber cross, Sir Thomass bookcase, the fire in the East room) does double or triple duty as a symbol or parallel of something else. From my very first reading, I was fascinated by the Wilderness set piece at Rushworths Sotherton estate, a gorgeously choreographed sequence of events that parallels and foreshadows the events of the entire novel. I can think of nothing as good save for the steeplechase chapter in Anna Karenina in which careless Vronsky rides his mare to death while Anna, with her husband in the stands, looks on.

You can imagine the various plots as a series of triangles (Austen seems to love triangles) with Henry-Fanny-Edmund at the centre (the refusal plot that magically turns into a marriage at the end): then Fanny-Edmund-Mary (Edmund torn between Mary and ordination), and Julia-Henry-Maria (flirtation and jealousy inspiring Marias passion), which segues into Rushworth-Maria-Henry, which goes on hiatus while Henry chases Fanny Fanny-Henry-Maria only to explode in adulterous flames at the end. In effect, Austen sets Fannys interior plot inside a system of multiple contrasting romantic subplots all on the restraint-lack of restraint (inaction-action) axis backed by her moral-religious thematics. All the subordinate plots involve various conventional erotic/romantic manoeuvres that seem shallow, venal, and inconstant in contrast with Fannys persistent and unspoken love for Edmund. In other words, you learn to read the subplots from the critical point of view of the main plot and vice versa.

You can further imagine the book as a play in three acts, three large rhythmic units, huge waves that gather, surge, and break, and then begin again. Each of the first two volumes ends with a climactic explosion that is followed in the beginning of the next volume with an aftermath: moral tidying up, expulsion or scattering of key characters, and a sense of gathering or redisposition of the dramatic forces. So Volume I looks at the intense flirtation amongst the young people climaxing in the rehearsals for the play and Sir Thomass unexpected return. Volume II, after the tidying up, presents Sir Thomass well-meant plan to launch Fanny socially in parallel with Henry Crawfords romantic pursuit (the one abetting and complicating the other) leading to his shocking marriage proposal and Fannys even more shocking (to Sir Thomas) refusal.

Volume III begins with the tidying up, once again Sir Thomas trying to get control of events. This is not to be dismissed, though I use that phrase tidying up, because the first scenes here between Fanny and Sir Thomas, Fanny and Henry, Fanny and Mary, and Fanny and Edmund are the absolute moral centre of the novel, stunningly well written and intense. This is where Fanny appears utterly exposed yet admirable. This is where you come to understand the net of crossed moral imperatives that enjoins her silence and the obdurate stubbornness of her essential soul. But then, yes, everyone scatters again, Fanny to Portsmouth, Henry to his estate, Mary to London, Edmund soon to follow, etc. Volume III ends dramatically with the offstage explosion of moral turpitude (Henry and Maria) in London and contains its own aftermath when Fanny and Edmund return to Mansfield Park. The narrator tells us what Sir Thomas has learned, brings Fanny and Edmund together, and then sketches in future bliss in the final chapter.

The two dramatic explosions at the ends of Volumes I and II both require Fanny to make difficult moral choices, difficult in that she is alone in her decision and everyone around her is against her, providing her with conventionally moral and prudential (venal) imperatives counter to her own. The theatrical rehearsals and Fannys refusal to act a part in Volume I foreshadow Henrys marriage proposal and her refusal at the close of Volume II (and frame the inverse at the close of Volume III when Mary Crawford fails to take a moral stand in regard to her brothers adultery). Both these climactic explosions involve disappointing Sir Thomas. At the beginning of Volume II (after the theatrical catastrophe), he is disappointed with everyone except Fanny, and this is the inspiration for his special attention to her that leads through her brother William's visit and the ball to Henry's proposal. But at the beginning of Volume III (after the proposal and refusal), Sir Thomas is disappointed with Fanny and no one else. This is a fascinating pattern of repetition and variation that foregrounds the special relationship of gratitude, duty, and regard that exists between Sir Thomas and Fanny. Sir Thomas is the source of all good things and her sense of gratitude towards him is such that at times of difficulty it renders her mute.

5. Absence at the Core

Naturally timid but also constrained by social inferiority and duty to her benefactors, the Bertram family, Fanny creates a strange and disturbing absence at the core of Mansfield Park. Instead of driving plot by acting to achieve her desires, Fanny Price spends most of her time observing the action of subordinate characters and struggling to achieve equanimity by restraining her feelings and constraining her thoughts. When Fanny does rouse herself to act, it is in the negative, a refusal to act (rather like Melvilles Bartleby with his insistent I would prefer not to). As a result of her outward restraint, she is often misinterpreted, overlooked, and even forgotten by the other characters who misread her. In the novels third volume, as I say, Austen exiles Fanny from the plot entirely, sending her to Portsmouth while the rest of the interested characters go to London (Fanny and the reader only know what happens via letters). There is a note of comedy in this; even the author, it seems, can dispense with Fannys services.

Its a critical commonplace that Fanny is not universally admired among readers. C. S. Lewis called her out for insipidity.

One of the most dangerous literary ventures is the little, shy, unimportant heroine whom none of the other characters value. The danger is that your readers may agree with the other characters. (A Note on Jane Austen)

And an apoplectic Kingsley Amis (in a masterpiece of literary invective entitled What Became of Jane Austen?) condemned her as a monster of complacency and pride who, under a cloak of cringing self-abasement, dominates and gives meaning to the novel. Such a reading, as Lewis suggested, is a consequence of the protagonists passivity, which introduces a degree of what we might call hermeneutic play, a looseness of the novel joints. Without a concrete aim to define the meaning of a characters actions (or inaction), readers may tilt to contrary interpretation. Yet it remains rather curious that Lewis, so religious himself, should miss the drama of Fanny Prices religiosity.

Conventional (I nearly typed contemptible) wisdom dictates that there can be no real story where the main character prefers to hide behind her needle work and is constantly being left out or behind while suffering without complaint. When writer-director Patricia Rozema made her 1999 movie Mansfield Park, she felt compelled to tart up the novel with contemporary pastiche. She reinvented Fanny as a writer (like Jane Austen, using bits of Austens own unpublished work), introduced a lesbian flirtation between Fanny and Mary Crawford, turned poor, dozy Lady Bertram into a drug addict, and forced Sir Thomas Bertram to renounce slavery. This is a travesty based on bad reading and the assumption (probably correct) that most contemporary readers are equally bad.

But it begs the question: How do you talk about absolute things in a novel? God, beauty, goodness, saints, and true love? Fannys problem is how to be good (selfless, dutiful, principled, otherworldly) in a world in which all the usual assumptions swing towards calculation, mere prudence, or outright cupidity. The paradox of an absolutist morality is that there can be no acts of pure selflessness in the real world; thus Fanny cannot act hence her curiously apophatic aura: her disapproval, her silence, her stubborn refusals. She defines herself by demonstrating what she cannot do. Silence for her has the clarity of resolution; rather than do wrong or complain of others (also wrong), she will be mute.

But the novel is a child of technology, offspring of writing, paper, and the book, with a materialist bias. In a novel, its difficult to speak of absolutes. In 1868, just as he was beginning his novel The Idiot (another novel about a Christ-like character), Dostoevsky wrote to his niece describing the difficulty of what he was trying to accomplish.

The main idea of the novel is to portray a positively beautiful person. Theres nothing more difficult than that in the whole world, and especially now. All the writers, and not just ours, but even all the European ones, who ever undertook the depiction of a positively beautiful person, always had to pass. Because its a measureless ideal.

6. Desire, Restraint, & the Invention of Consciousness

There is plenty of sexual energy in Mansfield Park. No one writes more astutely about raging hormones, flirtation, and the role of jealousy as an erotic accelerant than Jane Austen. The Wilderness set piece at Sotherton and the play rehearsals following it are little masterpieces of erotic psychology and narrative foreplay. And the climax (pun intended) of the novel is a volcanic eruption of illicit desire; though it is off stage and not named as such, the implication is that Henry Crawford and Maria Bertram simply ran off and jumped into bed. Even Fanny is in love with Edmund, but her sexuality lurks solely in the intensity of her regard, and she never acts on it (the idea of marrying Edmund never crosses her mind). In her thoughts she constantly tamps down jealousy and expectation. She knows it is wrong even to hope that Edmund might give up on Mary Crawford, so she coaches herself to forbear and find solace in helping others (again, this can be comical since she mostly finds solace helping dozy Lady Bertram with her stitches).

One of the most curious and original inventions of the book is Austens use of the technique of free indirect discourse avant la lettre or at least long before James Joyce and Virginia Woolf popularized it. Instead of a plot everyone can have a plot Fanny has a very modern self-consciousness and inner turmoil. Instead of a dramatic action, she has a dramatic mental and emotional life based on a constant triangular effort to adjust her inner state between what she wants, what the world offers her, and a principled goodness. Her renunciation of her own desires paradoxically results in a richer inner self.

Edmund has a plot, while Fanny doesnt. But by virtue of being the central point of view, Fannys character is prioritized for the reader. She is what Nabokov calls the novels sifting agent. We observe Edmunds state of mind through Fannys eyes. Fanny watches, with a distanced concern that seems almost divine, loving but unable to intervene (act). Her inaction in the external world is a direct result of her continuous and intense struggle to give justice to other people and tame her weaker impulses (inaction is thematically linked with morality). When she is silent, it is because a principle prevents her from speaking. But she is thinking.

In the manner of much of her inventiveness, Austen here borrows from Shakespeare, in particular his soliloquies. She elevates thought to the level of dialogue and erases the critical distance between the narrator and the mind of the character. It is as if we overhear Fannys actual thoughts or she is talking out loud to herself (in intense intimacy with the reader). Here is a typical passage from the first volume, Fanny trying to parse her feelings and obligations when everyone is urging her to take a part that is, to act, to perform on stage in the amateur theatrical.

...she had begun to feel undecided as to what she ought to do; and as she walked round the room her doubts were increasing. Was she right in refusing what was so warmly asked, so strongly wished for what might be so essential to a scheme on which some of those to whom she owed the greatest complaisance had set their hearts? Was it not ill-nature, selfishness, and a fear of exposing herself? And would Edmunds judgment, would his persuasion of Sir Thomass disapprobation of the whole, be enough to justify her in a determined denial in spite of all the rest? It would be so horrible to her to act that she was inclined to suspect the truth and purity of her own scruples; and as she looked around her, the claims of her cousins to being obliged were strengthened by the sight of present upon present that she had received from them. The table between the windows was covered with work-boxes and netting-boxes which had been given her at different times, principally by Tom; and she grew bewildered as to the amount of the debt which all these kind remembrances produced. (127)

Fanny defines a moral problem and proceeds by a run of rhetorical questions to examine her soul, her motives, and the various ethical principles involved (duty and gratitude to Sir Thomas, gratitude to cousins). She even suspects the nature of her own vehemence in resisting the invitation to act. I emphasize the crucial sentence in which scruples prevent her from acting because thats the key to her character and the ethical structure of the novel.

And amusingly enough, Fannys self-restraint does have a certain erotic appeal both for Henry Crawford and Edmund Bertram. In fact, Edmund seems to find this abasement one of the most attractive things about Fanny Price. (I wrote an early draft of this essay under the title Bondage Lit.) Witness the masochistic (delight and pain mixed) scene near the end of the novel when Fanny fights to suppress every (just) resentful, jealous, loving bone in her body in order to make herself available to Edmund as a sympathetic interlocutor so that he can freely bemoan and anatomize his breakup with Mary Crawford.

How Fanny listened, with what curiosity and concern, what pain and what delight, how the agitation of his voice was watched, and how carefully her own eyes were fixed on any object but himself, may be imagined. (375)

By the end of the scene Fanny has accomplished what she set out to do, which is to win Edmunds trust, create an intimate bond in his mind, and become his necessary confidante. Fannys friendship was all that he had to cling to. (379)

7. Religion, Education, & The Amber Cross

The novel focuses on a contrast between Fanny Price and everyone else (each character representing a degree of superficiality and calculation if not outright corruptionEdmund Bertram being nearest Fanny in goodness and poor Henry Crawford, in a tie with Maria Bertram, being the most remote). Austen situates Fanny in a transitional axis between a Christianity of ardent, principled practice and a new faux Christianity that is more about appearances, just as she is situated (in a structural triangle of her own) between Edmund Bertram and Henry Crawford).

As I say, there are no church-goings, prayers, sermons, or direct appeals to God in Mansfield Park, but the thematic orchestration of the novel is such that religion forms a crucial part of the discourse of the characters. No one goes to church in the novel, but the chapel scene at Sotherton is a set piece illustration of a religious culture in transition. Fanny is disappointed; the signs of awe and mystery are absent, and the chapel is no longer a locus of family and community worship as it once was. This is also the scene in which Mary Crawford discovers Edmunds intention to be ordained but not before she has dropped a joke about the conventional image of lazy, gluttonous priests. There are no sermons in the novel either, but in the second volume Edmund and Henry Crawford have a lively discussion about giving sermons; Henry would love to give sermons but just once in a while before large audiences and in London.

And there is an ostentatiously symbolic sequence of scenes involving the Henry-Fanny-Edmund triangle and an amber cross Fannys brother has given her. She wants to wear it to the ball in her honour that leads into the climax of Volume II, but she lacks a chain from which to hang it. Henry makes an awkward gift of a chain through his sister Mary, but just a little later Edmund comes through with a beautiful gold chain of his own, which Fanny likes better because its from him. But shes in a tizzy, torn between the conventional obligation of gratitude to Henry and Mary and her hearts delight in Edmunds gift. At the last moment, fate (the author) saves Fanny when it turns out Henrys chain is too large and Edmunds fits the cross perfectly.

Finally, an education theme runs through Mansfield Park; I have not space to explore it except to mention in passing how it inflects the novels Evangelical torque. The Bertram childrens indiscretions raise the question: How does one learn proper restraint? How does one acquire the necessary active principle? And the novels answer is: A proper religious education. This is clear in the expanded version of the thematic passage I cited earlier in the essay, Sir Thomas meditating on his childrens errant ways.

...he gradually grew to feel that it had not been the most direful mistake in his plan of education. Something must have been wanting within, or time would have worn away much of its ill effect. He feared that principle, active principle, had been wanting; that they had never been properly taught to govern their inclinations and tempers by that sense of duty which can alone suffice. They had been instructed theoretically in their religion, but never required to bring it into daily practice. (381-382)

Mary and Henry, too, have been ruined by bad parenting. Henrys behaviour toward women, according to Mary, is detestable because the Admirals lessons have quite spoiled him. (37) The effect of education (222) observes Fanny (a bit primly) when Edmund moans about Marys improper conversation. In contrast, Fanny escapes the effects of the Bertram household by virtue of being an impoverished outsider in the family circle. The chief part of her education comes from Edmund, who, like her, is cut out of the social sweepstakes because he is pre-destined for the priesthood. And once again, Austen gives Henry Crawford the role of recognizing Fannys essentially religious nature (and the connection between manners, principle, and religion).

...her manners were the mirror of her own modest and elegant mind. Nor was this all. Henry Crawford had too much sense not to feel the worth of good principles in a wife, though he was too little accustomed to serious reflection to know them by their proper name; but when he talked of her having such a steadiness and regularity of conduct, such a high notion of honour, and such an observance of decorum as might warrant any man in the fullest dependence on her faith and integrity, he expressed what was inspired by the knowledge of her being well principled and religious. (242-3)

8. Acting & the Inner Drama of Holiness

The novels inner drama of holiness is enacted on two parallel tracks, one truly inward while the other is more conventionally expressed in external action. While Fanny struggles with herself, taming her resentments and schooling herself to humility and self-denial, Edmund pursues the reluctant Mary Crawford (she cant imagine becoming a country parsons wife), at war with himself over her alarming frivolousness. Fannys big dramatic moments are negative and come when she finds herself under relentless pressure to act in ways she finds objectionable, and she refuses.

This is a complex and subtle figure; the structure of the novel plotless pivot reflected against dramatic subplots enacts the theme of the novel, which is ultimately the nature of goodness in a contingent universe. The thematic construction of Fannys plot-that-refuses-plot turns on a triple pun, three senses of the verb to act: to act as in a play, performing a role for an audience; to act in life so as to achieve an effect, manipulate, entertain, or impress; and to act as a moral agent with conscious intention. For a professional actor to act in a play is innocuous, morally neutral (Edmund makes this point). But for a person to pose or dissimulate to achieve an effect can be morally suspect, in Fannys absolute terms, evil.

Austen is emphatic; Fanny announces her inability to act three times.

Me! cried Fanny, sitting down again with a most frightened look. Indeed you must excuse me. I could not act anything if you were to give me the world. No, indeed, I cannot act. (122)

It is not that I am afraid of learning by heart, said Fanny, shocked to find herself at that moment the only speaker in the room, and to feel that almost every eye was upon her; but I really cannot act. (123)

Her constitution, incorporating that active principle, is such that she cannot pretend, in life or on the stage. She is incapable. In life, she must pursue the principled course, and when she cant (for lack of good options or because of conflicting moral imperatives), she falls silent. If pressed, she begs off.

Edmund at first declines to act a part in the play until steamrolled by fears for Mary Crawfords virtue, a dismal shock to Fannys heroic opinion (note the lapse into free indirect discourse).

To be acting! After all his objectionsobjections so just and so public! After all that she had heard him say, and seen him look, and known him to be feeling. Could it be possible? Edmund so inconsistent! Was he not deceiving himself? Was he not wrong? Alas! it was all Miss Crawfords doing. She had seen her influence in every speech, and was miserable....he was to act, and he was driven to it by the force of selfish inclinations only. Edmund had descended from that moral elevation which he had maintained before. (130-131)

In contrast to both Fanny and Edmund, Henry Crawford is a theatrical enthusiast from the get-go, using every rehearsal to flirt outrageously with Maria Bertram. Acting is his habit of being. He acts for entertainment, for applause, for effect, and to persuade, not out of principle. Austen repeatedly demonstrates Henrys inability to be genuine by knowing slips that are her specialty. While visiting Fanny in Portsmouth, Henry makes a show of taking responsibility for his estate and tenants (which, till then, he has mostly ignored).

This was aimed, and well aimed, at Fanny. It was pleasing to hear him speak so properly; here he had been acting as he ought to do. To be the friend of the poor and the oppressed! Nothing could be more grateful to her; and she was on the point of giving him an approving look, when it was all frightened off by his adding a something too pointed of his hoping soon to have an assistant, a friend, a guide in every plan of utility or charity for Everingham: a somebody that would make Everingham and all about it a dearer object than it had ever been yet. (335)

He cannot resist revealing that he has an ulterior motive, that he is acting not out of duty but out of a desire to engage Fannys affection. His intentions are toward an audience and not the counsel of his heart. But such were his habits that he could do nothing without a mixture of evil. (249)

Holiness is a word falling into disuse (as are churches and the clergy). Nor are we accustomed to the idea that our acts are moral acts (we are more apt to call them political in this age of political correctness) that require rigorous self-inquiry as to motives, feelings, duties, and justice. Popular therapeutic dogma enjoins us not to feel guilt but to turn our traumas into identity stories. We do not learn anymore to criticize and correct our emotions. And we are apt to miss the pun on the verb to act and the essentially apophatic nature of its structure. Fanny defines what is right and good by refusing to be calculating, self-regarding, ingratiating, manipulative, or even shrewd about her prospects. She refuses to act on terms that most of the people in the novel find perfectly normal. Shell risk poverty and obloquy rather than betray principle and the man she loves (even when his own enthusiasms lead him elsewhere). And her torment must remain internal, always unspoken, again for the sake of principle.

9. The Via Negativa of Fiction

Apophasis, or the ancient via negativa, assumes that God is outside creation, that He is literally no thing, concludes that He cannot be seen, described, or communicated with, and proceeds to define Him by negatives. Conversely, the only way to know God directly is to bracket out the things of this world. This is the path Fanny Price takes poverty, humility, and exile until Jane Austen rescues her at the very end of the novel.

I can think of two other fictional works that follow the same conceit: the aforementioned Bartleby, the Scrivener: A Story of Wall-Street by Herman Melville and The Quest for Christa T. by Christa Wolf. Bartleby hires on as a lawyers copyist but refuses to do chores ancillary to copying. I would prefer not is his refrain. He takes up residence in the lawyers office and refuses to leave when hes fired. The lawyer moves, but Bartleby remains. When hes evicted, he haunts the entry and stairwell. Hes arrested, sent to the Tombs, refuses food arranged for him by his former employer, and dies. Bartleby will not even act to preserve his life. Subsequently, it turns out that he has worked as a clerk in the Dead Letter Office in Washington, the repository of dead hopes, affections, and prayers. Bartlebys pallid otherworldliness derives not from religious conviction but from his association with death, which has unfitted him for life, imbued him with a reluctance to act in the world of affairs, and consigned him to the tomb.

The Quest for Christa T. is a fictional memoir of a spirited German girl named Christa who grows up in the time of National Socialism then lives as an adult under Soviet Communism, two rigidly prescriptive ideologies. The word quest in the title is ironic; as Christa Wolf tells us in her essays The Conditions of Narrative, she has set out to create a sort of anti-myth to answer all the male-dominated literary quests. Wolfs heroine Christa is energetic, charming and well-intentioned, but her story is a baffling litany of failure, breakdown and self-defeating impulses. Eventually, she marries and bears a child, only to throw away domestic security for an affair. And then she dies of cancer having accomplished pretty much nothing. Again, this is a plot-that-refuses-plot. Although Christa seems to want to act, she mysteriously stymies herself every step of the way.

The key to understanding Christas failure to thrive lies in a counter story told through the novels word patterns. Christas life is full of teachers, mentors, advisors and interested friends who counsel her to seek health and success by curbing her lively and imaginative impulses. Toe the party line, they say, and by this they dont only mean the Communist Party doxa but also the calculation and prudence necessary to get on in any system.

To survive...has always been mans goal and always will be. This means that at all times conformity is the means to survival: adaptation, conformity at any price.

Conformity, self-extinction, it turns out, is a price that Christa, like Fanny Price, cant pay; as the novel progresses, words like success, adaptation, conformity, calculation, and measuring acquire a sinister aura, and Christas failures begin to look like assertions of a self under pressure from all sides to live the life of compromise. Her neurotic and stubborn resistance, her refusal to deal in false currency, her kenotic dying to the world are paradoxically essential to the preservation of an awakened self. What does it mean to be alive? the novel asks. And of the attempt to be oneself?

10. The Ambiguous Construction of a Self

What is truly paradoxical in Mansfield Park is the way it reaches beyond its satire on the marriage customs of Regency England, beyond the conventions of the romantic comedy, and beyond even its theological torque to tell a very modern story about the construction of a self. Much like Wolfs Christa T., Fanny forges her self not in any positive way but in resisting imperatives, the forms imposed on her by her society and the gaze of the individuals around her. She is not simply a passive character; she is symbolic, fused with theme. I dont want to, I cant act, I wont do thatFanny Prices refrain. She defines what action is by not acting. She defines morality by refusing to act.

The climax of Fannys non-plot is the sequence of scenes after the ball when she steadfastly persists in refusing to marry Henry Crawford. The fact that she cannot tell anyone that she loves Edmund, least of all Edmund himself, who is obstinately smitten with Mary, makes her appear irrationally stubborn. She remains cagey about her distrust of Henry. She cant tell Sir Thomas about it at all; she confides in Mary (discreetly) and Edmund (explicitly), but Mary passes Henrys flirtations off as harmless, and Edmund, too, minimizes Henrys faults and suggests that time will prove his constancy (weasel words).

Above all, Fanny cannot escape their watchful, measuring eyes. Fanny is alternately cajoled, coerced, bludgeoned, and sent into exile, but she remains true to her principles. She is the poor, underclass cousin who has never stood up for herself before; but in these chapters she asserts herself against every authority, including the wishes of the man she loves. She even makes a speech (unique for Fanny) in which she enunciates what might be called the novels quintessential moral (in a novel full of moral discrimination).

I should have thought, said Fanny, after a pause of recollection and exertion, that every woman must have felt the possibility of a mans not being approved, not being loved by someone of her sex, at least, let him be ever so agreeable. Let him have all the perfections in the world, I think it ought not to be set down as certain, that a man must be acceptable to every woman he may happen to like himself. (292)

This speech reads like a feminist call to arms; those sentiments certainly existed. It asserts Fannys right of self-determination, and in the context of the novel, this radical selfhood stands against the ubiquitous dogma of property, propriety, income, estates, inheritance, class, and rank. By extension, it claims for any individual the right of refusal in the face of what the world offers. The basis of self is apophatic: the ability to say, I am not that, and I am not that either. What the world offers is contingent, mired in circumstance, calculation, and history, rated by pre-existing discourses (habits, traditions, forms). The soul proceeds by denial. Its struggle is less a matter of knowing itself as essence than of knowing when it is not itself. Sorting and discarding the trivia of life is the existential duty of the modern.

That Fanny (and the novel) cant quite live up to this transcendent declaration is a sign of the tension that exists between Austens inspiration, the time in which she wrote, and her preferred genre, the romantic comedy. Fanny must marry Edmund Bertram despite the fact that as Edmund himself concedes, she is too good for him. Even the narrator is only dimly celebratory about the upshot.

With so much true merit and true love, and no want of fortune and friends, the happiness of the married cousins must appear as secure as earthly happiness can be.

This passage is sometimes construed as Austens ironic commentary on the romance genre or the institution of marriage. But we must wait another 150 years for a manifest critique of that ending in the form of John Fowless novel The French Lieutenants Woman in which the author offers readers the possibility, among others, that the disgraced, impoverished, abandoned female lead might continue to exist on her own and even prosper. When her lover finally appears after a gap of years, she remains cool, aloof inviolable; she has her own life and no need of rescuing by a man.

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The Erotics of Restraint, or the Angel in the Novel: A Note on Jane Austen's Mansfield Park - Brooklyn Rail

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Forced to work? 60000 undocumented immigrants may sue detention center – Christian Science Monitor

Posted: at 9:07 pm

March 1, 2017 A class action suit alleging that as many as tens of thousands of undocumented immigrants were coerced to perform free labor in a privately operated Colorado detention center has been given the green light to move forward in a federal district court.

On Tuesday, a district judge ruled to grant the 2014 lawsuit class action certification, marking the first time a class action suit alleging forced labor has been brought against a private prison. The suit was launched by nine former and current detainees at the Aurora Detention Facility, a holding center near Denver, Colo., operated privately on behalf of Immigration and Customs Enforcement (ICE).

The lawsuit may now encompass as many as 60,000 people detained at the center between 2004 and 2014, according to Andrew Free, one of the plaintiffs attorneys.

Roughly34,000 people are in immigration detention centers on any given day in the United States, 60 percent of whom in privately operated facilities. Running those centers proves a pricey task, and private prison operators which stand to gain by employing cheap labor to maintain the centers and turn a profit resort to legal, cheap labor on part of detainees.

But the first-of-its-kind case could shed further light on an ongoing issue. As more argue that detainees and prisoners must be paid and at wages higher than $1 per day a shakeup of the system could take place.

While low-wage work has long been a feature of the United States prison system, theres a legal difference between forcing those who have committed a crime and therefore foregone some 13th Amendment protections to earn their stay in prison, and those being held on civil matters, like immigrants. Coercing detainees to perform labor would violate ICE work standards, which guarantee the protection from workplace hazards as well as discrimination in voluntary programs.

Residents will be able to volunteer for work assignments, but otherwise not be required to work, except to do personal housekeeping, the agencys standards state.

The private prison immigration detention center and ICE collaboration doesnt really work without the forced labor of these detainees in Aurora, plaintiff's attorney Mr. Free told The Christian Science Monitor.

The question is, if the business model relies on having detained people clean, cook, do laundry, cut hair, maintain the facility thats what the business model requires in this particular case are we able to shift that business model? Is the American taxpayer comfortable footing that bill?

While novel in its scope, the suit also comes at a time when immigration policy is slated to shift under President Trumps administration. Immigration officials have increased enforcement activity, the administration plans to expand its number of detention facilities, and Attorney General Jeff Sessions made clear that much of the prison system will remain privately operated.

The suit sheds light on the way in which the detention system operates, Carl Takei, a staff attorney with the American Civil Liberties National Prison Project, tells the Monitor in a phone interview.

We have a name for the practice of locking people up and forcing them to work without paying them real wages," he adds. "Its called slavery. And companies like GEO group stand to profit immensely from the expansion of detention centers that the Trump administration has laid out in its executive orders.

The suit alleges that GEO, the private-prison giant operating the Aurora facility, violated the Trafficking Victims Protection Act, a measure passed in 2000 with the intention of shielding undocumented immigrants who are victims of trafficking and violence, as well as forced labor. The plaintiffs contend that they were forced to work without any compensation and under the threat of solitary confinement. The suit also notes that when paid $1 per day, detainees made much less than Colorados minimum wage of $9.30 per hour.

GEO moved to dismiss the case. While a judge threw out the piece of the case involving a call for minimum wage earnings in prisons, he allowed the segment involving coerced labor to stand.

The company has denied allegations that it threatened inmates with solitary confinement in order to obtain free labor.

We have consistently, strongly refuted these allegations, and we intend to continue to vigorously defend our company against these claims, Pablo Paez, a GEO spokesman, said in a statement to the Monitor. The volunteer work program at immigration facilities as well as the wage rates and standards associated with the program are set by the Federal government. Our facilities, including the Aurora, Colo., facility, are highly rated and provide high-quality services in safe, secure, and humane residential environments pursuant to the federal governments national standards.

Whether at the Aurora facility or elsewhere around the country, experts say coercion plays a large role in getting detainees to work, but uncovering it can prove a nearly impossible task.

You cant underestimate the level of coercion involved, Mr. Takei says of detention centers and prisons around the nation. If you refuse to work as a detainee, you can be thrown in solitary confinement. There is no parallel to that in the free world. If I were to call my boss tomorrow morning and say Im not showing up to work, he might be able to fire me, but he couldnt throw me in a cell the size of a parking spot.

Whether inmates were coerced at the Aurora facility remains to be proven in court proceedings, but concerns linger for those who choose to work and only bring home between $1 and $3 a day.

It was voluntary, Delmi Cruz, a detainee at a GEO-run facility in Texas, previously told the Los Angeles Times of her stint cleaning bathrooms and hallways where she made $3 a day. [But] it wasn't fair."

While some cite the benefits behind the programs, such as putting extra cash in detainees commissary accounts or teaching them a new skill, many argue that ICE-mandated earnings should increase, or that private companies should pay a higher rate.

That debate has brewed around both prisons and detention centers. And as Mr. Trump pivots away from Obama-era policies regarding private ownership, calls for better wages for detained and incarcerated works will only grow louder.

The spotlight has certainly been on private corporations running and managing prisons. It certainly was last year under the Obama administration, and the momentum has changed under Trump, says Lauren-Brooke Eisen, senior counsel for the Justice Program at the Brennan Center for Justice in New York.

Paying $1 to $3 a day is incredibly low," she says. "Just like in a state prison, if someone wants to participate in a work program, they should be compensated at a higher wage.

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Gilbert letter: Bill Manahan – Idaho Statesman

Posted: at 9:07 pm

Gilbert letter: Bill Manahan
Idaho Statesman
The slavery and poverty that socialists like Bernie Sanders desire consists of things like universal health care, a decent minimum wage, a clean environment, a strong safety net, Social Security, etc. You know, those things you can find in the ...

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Consult a psychic – for empowerment – Philly.com

Posted: at 9:05 pm

Two days after her grandmother's death last March, an emotionally distraught Arielle Visalli called a psychic medium, "looking for a sense of hope" that her grandmother was OK, Visalli recalled.

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She was shocked when the medium, Sheri Marcantuono, whom she hadn't met before, knew accurate details about her life.

"In the middle of setting up an appointment, she interrupted me, asking, 'Who died from stomach pain? It's a lady with curly hair and she's real bubbly and she's holding her stomach,' " said Visalli, 24, of Pittsgrove, N.J. "Then she asked me about another lady with dark, curly hair and piercing blue eyes who was pointing Sheri to a mailbox."

The two women were Visalli's grandmothers, one who died in December 2015 of pancreatic cancer; and the other, the "mailbox lady" - a reference to her trout-shaped mailbox - who died two days earlier from complications associated with Alzheimer's.

"This was all in a span of 15 minutes on the phone trying to set up an appointment that turned into a full-blown reading," Visalli said.

Since then, Visalli and Marcantuono have met twice in person.

Answering questions about dead relatives - even predicting love prospects - has always been de rigueur for psychics. But more people are turning to these soothsayers for advice about their work or life in general, seeking empowerment advice and even life coaching. And although anyone can still consult with a psychic in person or on the phone, now you can take classes, even text your questions.

Jackie Pidgeon began consulting with psychics six years ago, initially through face-to-face encounters and phone calls. When she needs privacy or is in a rush, the texting chat feature offered by ESPsychics.com works best.

"The first time I tried it, I was skeptical, because I wondered how they'd be able to pick up information just by typing back and forth to me," said Pidgeon, 43. "But as soon as I logged on, the psychic said, 'You are having relationship issues.' I contacted her because I was going through a horrible breakup."

For that service, Pidgeon pays $4.25 per minute, and she limits her chat sessions to 10 minutes.

Marcantuono, 44, a medium who's a full-time accountant, has - through Facebook and word of mouth - grown her two-year-old business, Lotus Wood Journey in Berlin, from three clients a month to 24, charging $80 to $100 per hour, depending on the discipline.

She also runs a 10-week course on empowering women to focus on personal goals, including creating a spiritual mandala, making a vision board, practicing yoga, and learning about nutrition.

For Beth Ann Mazzeo, the course was a life-changer, especially in helping her find love: Her new boyfriend closely fits the qualities she had placed on her vision board. "I wanted someone active who loves the outdoors, is generous, kind and caring, with dark hair, and taller and older than me," said Mazzeo, 49, from Hammonton, N.J. "The class reinforced positive thinking, not dwelling on your problems, and living in the now."

Among the million people each year who visit Keen.com, an advice site in San Francisco, 250,000 seek out psychics, with the rest using free content, CEO Warren Heffelfinger said. That's about a 20 percent increase from 2013, when the company launched its chat and chat mobile formats, allowing clients to text for advice. Now, about a quarter of all clients use chat, half on the mobile app, for between $1.50 and $30 per minute, depending on the adviser.

"You think of a psychic as somebody who's just trying to predict the future or channel a loved one, but the predominant advice our psychics are giving is career advice, life questions, love and relationship and dating questions," Heffelfinger said.

What's the attraction to such a texting relationship? People have questions they may deem too personal to ask friends or family, and therapists require appointments, he said.

"This is on-demand 24/7, with you wherever you are, anonymous and bite-sized," he said, qualities that are especially appealing to millennials.

But buyers beware.

Mark Edward, who wrote Psychic Blues: Confessions of a Conflicted Medium in 2012 about his own career as a mentalist and psychic, including nine years with the Psychic Friends Network (remember the one with Dionne Warwick?), attributes his abilities simply to good listening skills.

"On the 900 line, people are paying up to $5 a minute, so they will usually cut to the chase and ask about their problem," said Edward, 65. "I didn't defer to any kind of guidance or metaphysics. I was brutally honest."

For example, responding to a caller who asked if her boyfriend was going to get out of jail, he said, " 'I see there is a price that will have to be paid and you're going to have to be patient.' Then I would let them fill in the details. Once you get the ball rolling, you listen to the intensity in their voice and you make a lot of judgments based on what you hear. It's basically situational awareness."

And there's "nothing supernatural about it," he insisted.

Patti Negri, president of the American Federation of Certified Psychics and Mediums, an organization in New York that vets psychics, said, "For every legitimate psychic, there are boatloads of scam artists." Do your homework when choosing a psychic, she said, by looking at reviews and seeking referrals.

Susan Forte agrees. Though as a teenager she had visited psychics on the boardwalk who offered "hocus-pocus stuff," her experience tells her Marcantuono has the gift.

In 2010, after losing a dear friend, she channeled her devastation into seeking answers to "what was on the other side," said Forte, 42, of Berlin.

Marcantuono described her friend standing with her horse, which had died after her friend died.

"It was validation to me. It's not like she's channeling the deceased, speaking as if my friend was speaking through her. But I know that my friend is at peace, which gives me a good feeling."

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Federal Judge Says NYC’s Regulation Of The Press Will Go On Trial – Village Voice

Posted: at 9:05 pm

Rescue workers on the scene of a Manhattan crane collapse in 2008. Photojournalist J.B. Nicholas needs an NYPD-issued press card, which allows him to cross police and fire lines, to capture images like these. After the NYPD revoked Nicholas' press card seemingly without warning, he filed a federal lawsuit.

courtesy J.B. Nicholas

A journalists lawsuit alleging that the NYPDs regulation of the press violates the constitutional rights of a free press can go forward, a federal judge ruled on Monday. In rejecting the government's motion to dismiss the suit, Judge J. Paul Oetken affirmed that the government cannot arbitrarily restrict journalists, and that the NYPD and the City of New York's policies for revoking and suspending journalists' press credentials may be be unconstitutional.

Arbitrary restrictions on news-gatherers may run afoul of the First Amendment,Judge Oetkenwrote in rejecting the city's motion to dismiss the case. The plaintiff, he said, "has carried his burden to allege a protected interest in his press credential."

The lawsuit, brought by freelance photojournalist J.B. Nicholas, stems from an incident in October of 2015, when Nicholas was on assignment for the New York Daily News. A building under construction on 38th Street had partially collapsed, trapping two construction workers towards the rear of the building.

Nicholas (who full disclosure has written for the Voice) arrived on the scene with his press credentials. The dead body of one of the construction workers had already been retrieved. While Nicholas waited in a nearby store for the second worker to be retrieved, police rounded up other journalists and corralled them into a press pen down the block and out of sight of the action.

But while most of the official press was kept from covering the story, photographers from numerous government agencies and even ConEdison were operating freely inside the police cordon, Nicholas said. When the second construction worker was freed, the complaint states, Nicholas approached, and, without interfering with the emergency workers, photographed him being placed in the ambulance.

Nicholas says getting the shot, which he couldnt have done from the police press-pen, was important, and not just because its his job. Those photos tell an important story that New Yorkers need to see, he told the Voice. Theres a story about the deunionization of construction in New York. Most of these guys are immigrants, legal and not, working for probably $100 a day in cash, all to build multi-billion-dollar condos. And theres a cost for that exploitation there have been 31 construction workers killed on the job in the last two years. So if you lose that photo, the impact of that story, the cost thats paid for all this, it gets lost. The picture might trigger some inquiry. Think of the picture of the Syrian kid on the beach.

But the press officers for the NYPD werent happy with Nicholas getting the shot, which ultimately led the story in the Daily News. As a video Nicholas took during the episode shows, they immediately approached him, confiscated his press pass, and ejected him from the scene.

Nicholas said he wrote to the NYPD repeatedly to discuss the return of his press pass, but was rebuffed. Meanwhile, his career suffered. To be a photojournalist in New York, you need to have a press pass, he said. Without it, you cant cross police lines, which is the only way to get the shot, you cant photograph in court. Unable to perform the basic tasks of spot-news reporting, Nicholas saw his assignments dry up. In December of 2015 he filed his lawsuit against then-NYPD Commissioner Bill Bratton. The suit alleges that police violated Nicholass constitutional rights to freedom of the press, speech, assembly, and intra-state movement, as well as his rights to equal protection under the law and substantive due process.

As Nicholass amended complaintexplores in depth, the history of NYPD interference with journalists efforts to do their job is considerable, ranging from freezing out disliked reporters to the violent arrests of credentialed press at protests of the 2004 Republican National Convention to numerous arrests and obstructions of journalists during Occupy Wall Street in 2011 and 2012 to the assault and false arrest of a New York Times photographer documenting stop-and-frisks in the Bronx.

Nicholas has his own stories. He was arrested in 2014 as he was attempting to photograph NFL Commissioner Roger Goodell. Only after multiple witnesses told prosecutors that in fact it was Goodells bodyguard, a former police detective, who had run into Nicholas with his truck, choked him, punched him, and thrown him to the ground were the assault charges against Nicholas dropped. The year before, Nicholas was acquitted in case based on his taking photographs of paramedics in the subway.

FROM LEFT: Craig Ruttle, J.B. Nicholas, and Joe Marino testify at a City Council hearing on the freedom of the press last year.

William Alatriste / City Council

Nicholas is acting as his own lawyer in the suit. At a hearing before Judge Oetken last May, he got the court to dig into just how the NYPD decides who can and cant report in the city. Regulations state that if the NYPD tries to revoke a journalists credentials, theyre entitled to a hearing to challenge the revocation. What do the hearings look like? the Judge asked the citys lawyer, Mark Zuckerman. Are the hearings ever done?

I dont have the answer to your question, Zuckerman conceded. I cant tell your Honor conclusively whether it was done or not.

What about how the police department decides when its going to suspend or revoke a journalists credentials, the judge asked. Is there a written standard?

Im not aware of any written standard, Zuckerman answered. Theres nothing in the rules about a written standard for whats necessary to take a summary suspension.

Zuckerman conceded that Nicholas was still entitled to a hearing, and a week later, Nicholas got one, presided over by DCPIs commanding officer, Edward Mullen, and Lt. Eugene Whyte. Nicholass card had been revoked at the direct order of Steven Davis, the Deputy Commissioner for Public Information, who was on the scene that day, so Mullen and Whyte were effectively being asked to rule on an action of their boss. According to Nicholas, he wasnt allowed to see any evidence against him and Whyte bullied the witnesses he called in his defense. Nonetheless, at a status hearing for his lawsuit a month later, Nicholas learned that hed be getting his press credentials back.

Even so, Nicholas is determined to forge ahead with his lawsuit. I did this for my colleagues. I did this for my city, he told the Voice. Theres an ongoing pattern of the NYPD keeping journalists away from breaking news scenes for no good reason.

Efforts to control the press aren't unique to New York, Nicholas says. They happen everywhere, including the White House.

Norman Siegel, a lawyer who has worked on numerous First Amendment cases and helped shape the current NYPD press credential policies, says the case goes to the heart of questions of press freedom. The standard by which the NYPD pulls someones press pass or denies them renewal cannot be subjective, it has to be objective, Siegel said. If its subjective it invites discrimination based on the viewpoint or even personality of the journalist. We saw last Friday how freedom of the press can be abused, when [White House Press Secretary Sean] Spicer decided not to let certain media outlets in. Freedom of press is a cornerstone of our system. It's being undermined not only by the Trump administration, and sometimes by the NYPD.

The NYPD did not respond to a request for comment.

The case now moves into the discovery phase. Nicholas is still acting as his own lawyer Its an exercise in personal empowerment, I hope to inspire others, he says which means that soon he will be personally deposing witnesses, including the the DCPI officers who revoked his credentials and former Commissioner Bratton.

Ive got a lot of questions, he said. Are there any records of how they handle press credentials, suspensions, revocations? Who keeps notes on this. Where are those notes? Lets see the logs. How many journalists have been arrested?

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Federal Judge Says NYC's Regulation Of The Press Will Go On Trial - Village Voice

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Port Hope girls learn empowerment – Northumberland Today

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PORT HOPE-

On Feb. 27, Grade 8 and 9 girls from Port Hope High and Dr. M.S. Hawkins Senior Public School took part in a half-day seminar focused on empowering girls.

The seminar was presented by Kate Whitfield, who has been speaking to girls across Canada and the US for six years since she started the FearlesslyGIRL organization in ninth grade.

The organization focuses on empowering a generation of young women to be bold, fearless leaders in their schools and personal lives.

The FearlesslyKind summit is about helping girls break down barriers between each other and be kinder to themselves and each other, Whitfield said.

It helps them to talk about their insecurities and the things we deal with, which is something we dont often share. Its about realizing that were all on the same page and the same team, and that girls really do need girls to support each other.

The girls listened to a half-hour keynote speech before breaking off into groups and taking part in team-building activities that helped them to talk about their insecurities and how they can work together to help each other. Each group was led by a ninth-grade student who had been picked to be a team leader and interact with the younger girls.

I kick off with a silent activity, where the girls gather in a big circle and are invited to step into the middle if the statement that I read is true. For example: I have been bullied, Whitfield said.

The point of this is for other girls to see without speaking that they have things in common with the girls around them. This is also a great way for them to get comfortable.

Finally, the groups filled out Dear Girl cards with inspirational words that they wanted to share.

The Dear Girl cards are so inspiring and incredible, Whitfield explained.

Its such a privilege to get to stand up in front of these girls and have these conversations and to connect with girls across the country, to show them that we are all going through similar things. I think when you feel supported and heard and understood, its such a powerful thing. Im lucky to get to facilitate those kinds of moments.

The two-hour seminar really hit home for the girls who took part, letting them know that they arent facing their insecurities alone.

I thought it was really healthy for us, eighth-grader Daria Waite said.

I think we needed that, because a lot of us just go through so much and we try to not talk about it. We need to open up and tell people because theyre going through the same thing.

Itll definitely motivate people in the future to take that chance, Reena Robins added.

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NAZARIAN: That Oscar Win Was a Loss for Iran’s Freedom-Craving People – Breitbart News

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Imsorry Im not with you tonight, Farhadi said in a prepared statement read by Iranian-American astronaut Anoush Ansari. My absence is out of respect for the people of my country and those of other six nations who have been disrespected by the inhumane law that bans entry of immigrants to the U.S.Dr. Firouz Naderi, a director of NASAs Solar System Exploration program, accepted the award on Farhadis behalf along with Ansari; two Iranian-Americans who should be lauded for their exceptional accomplishments.

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The talented Farhadi won the Oscar in the best foreign-language category for his gripping drama, The Salesman. It is his second Oscar. In 2012, his drama A Separationwon him his first Oscar.

Farhadis criticism of Americas president as his own countrys people continue to suffer under an oppressive regime, with bloodied hands, must not be overlooked in light of his artistic achievement.

If Farhadi opposed Irans Supreme Leader the way he opposed President Trump, he would experience a far less fortuitous fate. Jail time and possibly death might have been in the cards for him. Instead of boycotting the Academy Awards, Farhadi could have used the opportunity of this great achievement, which highlights the brilliance of the Persian people, to make the case for Irans freedom.

On Monday, Irans top diplomat, Mohammad Javad Zarif, gave his stamp of approval to Farhadis message and echoedhis governments hypocrisy, tweeting, Proud of Cast and Crew of The Salesman for Oscar and stance against MuslimBan. [sic] Iranians have represented culture and civilization for millennia.

Artists, including filmmakers, continue to languish in Iranian jail cells as the regime cuts deals with the West and suppresses its own people as one of the worlds worst offenders of human rights.

Here are just a few Iranian filmmakers and artists who have served jail time for expressing themselves in a manner welcomed with open arms in the United States:

Atena was jailed because she depicted Irans parliamentary members as animals through her artwork. The U.S. Constitution protects the rights of its citizens to express themselves. In Washington, D.C., a highly offensive, anti-cop panting depicting officers as pigs was given a prime space in theU.S. Capital.

The Iranian regime and its supportershaveheld disdain for Western culture even beforethe 1979 revolution.

In August 1978, Islamic militants and fanatics within the current Iranian regime set the famous Rex Movie Theatre in Abadan on fire, killing hundreds of innocent cinema-goers. Reports later revealed that several anti-Shah Islamists set the theater on fire using gasoline and lighting it with a match. They then ran to the exterior of the theater and locked the doors so no one could get out, except for those who were able to escape through the roof.

In a speech this month in the East Azerbaijan region of Iran, Supreme Leader Ayatollah Khamenei said the regimes real war with the west is a culture war taking place on the TV and the Internet.

The real war is a cultural war, Khamenei reportedly said. The real war is an economic war, the real war is the war of sanctions, the real war is the arenas of work, activity, and technology inside the country This is the real war! He added, They draw our attention to a military war so that we ignore this war.

Irans rich cultural history has never been in doubt, but to deprive Irans people of their true potential and subject them to such cruel injustice is a sin. The Rex Theater fire will forever remain the symbol of the Iranian regimes true intentions: to stifle and suffocate its peoples ability to express themselves the way they would if they lived in the free world.

Follow Adelle Nazarian on Twitter and Periscope@AdelleNaz

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The Spirit of Michael Novak, a Friend of Freedom – The Weekly Standard

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Early morning on February 17, word was getting around that Michael Novak had passed away in his sleep, and email klatsches were forming. In mine, one of his close friends wrote that "the generosity of Michael's friendship allowed him to obscure the fact that he was among the few truly great men that any of us have known." We all piled on with fervent assents. That a man of such towering achievements should also be a down-home, kindly friend (even "cuddly," discerning women would attest) was so unusual that we had pretended he was just one of the guys.

Which is not to say that Michael was modest. He wrote more than 40 books and countless essays on everything under the sun and many things beyond the sun. He promoted his ideas assiduously, through 50 years of nonstop lecturing, debating, and classroom teaching and in everyday small-talk that never stayed small when he was around. He was driven by a firm conviction that he was in possession of singular talents for educating and improving mankind. Early in my time as president of the American Enterprise Institute, I told Michael that he had exactly 12 minutes, not a minute more, to summarize his current work for a gathering of trustees and donors. He cheerfully agreed and then, as he warmed up at the podium, spoke for 50 minutes (on baseball and American democracy) to a rapt and appreciative audience.

And Michael was ardent for recognition and honorswhich, among friends, he never bothered to conceal, treating praise simply as evidence that his labors were indeed moving the world. As he lay dying, a visitor noticed that his daughter, Jana, was reading him the numerous emails she was receiving attesting to his great works and influence. Enough testimonials, the visitor interjected, it is time to turn to larger matters. Michael mustered a smile and said: No, no, read them all! Which was his way of telling everyone assembled that the Novakian spirit they knew and loved was still burning strong.

Michael's combination of ambition and friendliness was more than personal disposition. His thinking and writing, too, were at once aggressive and gentle, tough-minded and irenic. This was an expression of his intellectual position and Catholic faithas I tried to explain in remarks at a dinner in honor of Michael on his retirement from AEI in 2010, printed below. Here let me elaborate with words of his own.

Michael was a Reagan Democrat, proud of his ethnic (Slovak-American) roots and upbringing in working-class Johnstown, Pennsylvania. In the 1970s, his intellectual migration from left to right was inspired by the left's (and the Democratic party's) abandonment of working-class sentiments and aspirations for a new-age progressivism that he regarded as utopian and effete. Accordingly, his conservatism was sinewy, and distinctly non-libertarian. Human freedom, for Michael, was not an abstract good but rather a social artifactthe fruit of lived experience, grounded in family and community, and demanding continuous struggle against the forces of moral entropy. Democratic capitalism is the preferred political system for more than its palpable material benefits: It is the most auspicious arena for the incarnate struggles among groups and nations and within the human heart. Economic prosperity is evidence that the struggles are going well for the time being. "Free to choose," when we gain it, is an obligation.

I thought of Novak the Reagan Democrat last election night, November 8, 2016, when the early returns from western Pennsylvania were beginning to upset expectations of a Hillary Clinton triumph. (Johnstown's Cambria County, heavily Democratic in party registration, went 66 percent for Donald Trump.) In my political set, sharply divided between Trump supporters and opponents, we had learned to be circumspect about election preferencesbut when I reached Michael he was bluntly at the barricades. "If America is going to come apart into those who went to college and those who did not," he said, "I want to be with the folks who did not go to college."

I did not question Michael in any detail, but am certain that he was not rooting for the Trumpsters as if they were the Steelers. I think he regarded the Trump revolt as the rough-hewn, extravagantly flawed, internally conflicted agency of freedom in its latest struggle. But in Michael's conception the struggle is a noble one, because freedom is at once contingent and divine, and it can succeed only by attaching itself to human goodness. That is the teaching of the stem-winding conclusion of his address at Westminster Abbey on receiving the Templeton Prize for Progress in Religion in 1994:

No one ever promised us that free societies will endure forever. Indeed, a cold view of history shows that submission to tyranny is the more frequent condition of the human race, and that free societies have been few in number and not often long-lived. Free societies such as our own, which have arisen rather late in the long evolution of the human race, may pass across the darkness of time like splendid little comets, burn into ashes, disappear.

Yet nothing in the entire universe, vast as it is, is as beautiful as the human person. The human person alone is shaped to the image of God. This God loves humans with a love most powerful. It is this God who draws us, erect and free, toward Himself, this God Who, in Dante's words, is the Love that moves the sun / and all the stars.

Michael was one of the last remaining (a few are still with us) of those giants who collaborated directly with Ronald Reagan, Margaret Thatcher, and Pope John Paul II on the great liberal achievements of the 1980sthe defeat of Soviet communism and the expansion of economic freedom and prosperity in much of the West and beyond. Today we are once again beset by violent totalitarianism, economic stagnation, angry social divisions, and an abundance of unpleasant options. Many conservatives, and many young people, seem to think we have lost our grip and fallen away from a halcyon past. In the face of such despair, Michael Novak's legacy is that the struggle for freedom is ever present, ever changing, and ever in need of active, tough-minded idealism.

Christopher DeMuth Sr. is a distinguished fellow at Hudson Institute.

'The Total Novak Phenomenon'

Michael Novak and his work during the past 35 years have been abundantly feted. Celebrants have expounded on his brilliance, his prolificacy, and his influence. But brilliance and industriousness, although highly important virtues, are not nearly as rare as the total Novak phenomenon. And influence, although highly admired, is not a virtue at allit puts Michael in the company of Eliot Spitzer and Peter Singer. So I would like to take a different tack and remark on Michael's character, in particular his ambition and his bravery.

He spent the first 20 years of his professional life in academics. To the brilliant and industrious, university life offers wonderful opportunities for achievement and fulfillment. Michael could have continued to hold the best chairs at the best schools and to win all the teaching awards. But the academy favors work on discrete, manageable problems "in the literature" and can punish departures from certain orthodoxies. At some point in the 1970s, Michael decided that he would go after bigger game.

I have often marveled that in the midst of the Jimmy Carter administration, the hardheaded businessmen on the American Enterprise Institute's Board of Trustees would countenance the appointment of a theologian, and moreover a theologian with a colorful paper trail in left-wing politics and Democratic party electioneering. But it was Michael who took by far the greater risk in accepting the offerthrowing away tenure and respectability for God knew what (but He wasn't talking, not even to Michael).

Since then Michael's vocation has been the conquest of momentous, difficult, contentious problems. Problems with large practical and political components, where his philosophical learning provided a foundation but everything else was left to his own wits and experience. Today we recognize the moral architecture of democratic capitalism because Michael built it for useven the terms were unknown before he and Irving Kristol started their work.

And, since publication of The Spirit of Democratic Capitalism in 1982, he has provided many elaborations and applications: on the moral architectures of economic development, of escape from the welfare trap, of nuclear deterrence, of the corporation and business-as-a-calling, and of the income tax, intellectual property, mediating structures, ethnic politics, and even sports (the last however limited to Notre Dame football). If you listen in on Michael debating the progressive income tax with a professional economist, you will get an idea of the moral clarity he has brought to questions that everyone knew to be terribly complicated and endlessly nuanced.

Along the way he has dispatched many cherished liberal shibboleths and theological wrong-turns. In his 2001 book, On Two Wings, he grafted back the second wing of faith onto the long-prevailing narrative (even at AEI) of the American founding as a secular exercise in institutional ingenuity. Bravest of all, he has provided religious instruction to Ayaan Hirsi Ali.

What Michael's greatest projects have had in common is audacity. In taking them on, he was committing himself to originality, which risked failure, and to unflinching truth-telling, which risked elite derision if he succeeded. His brilliance may have given him the confidence to take the big risks; his industriousness may have been inspired by fear of failure. But they alone cannot explain what Michael achieved. They had to be coupled with gutssheer obstinate confrontational Johnstown guts.

Michael's toughness is often masked by his sweet, magnanimous disposition. Don't be fooled. If you have watched him make a big concession in a debate, or respond sympathetically to a hostile questioner, or provide a generous account of an opposing view in a book or essay, then you know that his kindliness is often the sign that serious intellectual vivisection is about to commence.

And then there's his vast philosophical mastery: He already knows Argument 27 better than the other guy, and he also knows that it is conventionally trumped by Argument 8but he also knows that it is completely annihilated by Argument 131 C, which he derived himself 15 years ago.

But most of all, Michael's sweet magnanimity is genuine and in fact reflects the ambition and bravery of his intellectual position. For it expresses his certainty that there is good in human naturegood that calls for earnest entreaty on its own terms. Among career pundits and haut thinkers, nothing could be more politically incorrect, more embarrassingly nave. Yet in Michael's choices of projects, and in the particulars of his arguments, one sees three overarching propositions constantly at work:

First, that man for all his failings is ardently concerned to know what is right and just.

Second, that politics for all its flaws is capable of pursuing social betterment and sometimes finding it.

Third, that reason for all its frailties can help us find our way.

To dedicate a lifetime to such propositions in late-20th-century America one had to be not only brave but downright reckless. That the endeavor has proven so astoundingly fruitful is reason to doubt the cynicism of the age and to work, as diligently as he has, for a return of the better angels.

Christopher DeMuth, July 2010

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Lent is time to relive exodus from slavery to freedom, pope says – Crux: Covering all things Catholic

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ROME Like the people of Israel freed from the bondage of slavery, Christians are called to experience the path toward hope and new life during the Lenten season, Pope Francis said.

Through his passion, death and resurrection, Jesus has opened up for us a way that leads to a full, eternal and blessed life, the pope said at his weekly general audience March 1, Ash Wednesday and the beginning of Lent for Latin-rite Catholics.

Lent lives within this dynamic: Christ precedes us with his exodus and we cross the desert, thanks to him and behind him, he said.

On a warm and sunny morning, the pope held his audience in St. Peters Square. Arriving in the popemobile, he immediately spotted a group of children and signaled several of them to come aboard for a ride.

One by one, the three girls and one boy climbed into the popemobile and warmly embraced the pope.

In his main audience talk, the pope said that while Lent is a time of penance and even mortification, it is also a time of hope for Christians awaiting Christs resurrection to renew our baptismal identity.

The story of the Israelites journey toward the Promised Land and Gods faithfulness during times of trial and suffering helps Christians better understand the Lenten experience, he said.

This whole path is fulfilled in hope, the hope of reaching the (Promised) Land and precisely in this sense it is an exodus, a way out from slavery to freedom, the pope said. Every step, every effort, every trial, every fall and every renewal has meaning only within the saving plan of God, who wants for his people life and not death, joy and not sorrow.

To open this path toward the freedom of eternal life, he continued, Jesus gave up the trappings of his glory, choosing humility and obedience.

However, the pope said that Christs sacrifice on the cross doesnt mean he has done everything and we go to heaven in a carriage.

It isnt like that. Our salvation is surely his gift, but because it is a love story, it requires our yes and our participation, as shown to us by our mother Mary and after her, all the saints, he said.

Lent, he added, is lived through the dynamic that Christ precedes us through his exodus, and that through his victory Christians are called to nourish this small flame that was entrusted to us on the day of our baptism.

It is certainly a challenging path as it should be, because love is challenging, but it is a path full of hope, Pope Francis said.

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Turkey’s constitution guarantees press freedom – but that’s not the whole story – Deutsche Welle

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"Those who report critically land behind bars," stated Carl-Eugen Eberle. The media law expert heads the German branch of the Vienna-based International Press Institute (IPI), a global network of publishers, journalists and industry insiders. IPI actively supports press freedom and, like similar organizations such as Reporters Without Borders or Writers-in-Prison, it appeals to political leaders, sends letters and travels to problematic countries.

Since the coup attempt in July 2016 and the resulting state of emergency in Turkey, the state of freedom of press in Turkey has drastically worsened, according to IPI. Reporters Without Borders has spoken of "repression on an otherwise unknown scale."

Accused of propagating terror and instigating the public, journalists and authors such as Deniz Ycel - a German citizen - have been arrested. According to IPI, around 150 journalists are currently being held in Turkish prisons. The Turkish journalists' platform P24 has put the number at 140, while the Committee to Protect Journalists says it's "more than 80." The Turkish government, on the other hand, admits to imprisoning only 30 journalists.

Turkish constitution guarantees press freedom

"In Germany, we cannot understand why this attack on press freedom is necessary," said German President Joachim Gauck. He is not the only one to have sharply criticized Ycel's imprisonment.

Prof. Carl-Eugen Eberle

However, when it comes to press freedom anchored in their constitutions, Germany and Turkey aren't that far apart. Paragraph X of the Turkish constitution maintains that press is to remain free and uncensored. "The state shall take measures to ensure freedom of the press and information," it reads.

The same article penalizes writings that threaten "the internal or external security of the state" or the "indivisible unity of state territory and people," or that "encourage criminal activity or have to do with confidential state information."

Further restrictions are mentioned in the paragraph, including Article 301, which made it a crime to insult "Turkishness," the republic and certain state-run institutions until it was changed in 2008. Nobel Prize-winning author Orhan Pamuk and journalistHrant Dink are among those who have been persecuted under this provision. Dink was a newspaper publisher with Armenian roots who was murdered in 2007.

Both Pamuk and Dink had written about the genocide committed against Turkey's Armenian minority in 1915-1916. They were charged with offending "Turkishness" - which the European Human Rights Court later called a "violation of the basic freedom of expression." The court in Strasbourg also condemned the Turkish government for its involvement in the death of Hrant Dink.

Berliners have expressed their support for Deniz Ycel

Pressure from EU led to new laws

This case played a key role in Turkey's efforts to get closer to the European Union and align its law books with EU standards for the protection of freedom of the press and expressions, writes Turkish lawyer Fikret Ilkiz. That is why the penal code was slightly altered in 2008: The terms "Turkishness" and "republic" were replaced with "Turkish nation" and "Republic of Turkey."

Trials based on Article 301 were only opened with special permission from the justice minister, and the highest punishment was reduced by three to two years in prison. Ilkiz says the number of cases based on Article 301 has dropped since then. Nevertheless, offending the nation, the government or the military remains punishable.

Also due to pressure from the EU, Turkey revamped its press law in 2004 - the previous law in the books had been from 1950. Regulations on the protection of informants and the right to a counter-statement were revised, and it became more difficult to confiscate newspapers. The state oversight of the press gave way to a Turkish press council which voluntarily keeps itself in check.

Turkey's press freedom rating is extremely low

Regression due to anti-terror laws

Even before the failed coup attempt in July 2016 - and especially since then - constitutional guarantees have been limited by their interpretation in court. Now more than ever, the work of critical journalists is suffering under the anti-terror laws.

"Even neutral reporting on terror attacks can be interpreted as terror propaganda," law professor Carl-Eugen Eberle told DW. "That has to do with the fact that judges are often recruited from the bureaucracy of the ministries and are inclined toward jurisdiction that puts journalists at a disadvantage."

More than 170 media providers and publishers have been closed due to emergency decrees. Strict internet laws allow critical websites to be blocked. On Reporters Without Borders' press freedom ranking, Turkey took 151st place in 2016 - among 180 countries.

Eberle says that is unlikely to change in the near future: "I'm not very hopeful."

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