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Monthly Archives: August 2017
Noir Thriller Wind River Examines An Ignored America – Willamette Week
Posted: August 10, 2017 at 5:59 am
Wyoming's Wind River Indian Reservation is as sprawling as it is empty. It's prone to blizzards except for when it's too cold even for snow. It's a hell of a place to examine an ignored America and a fitting setting for a noir thriller.
In the directorial debut from Taylor Sheridan (writer of Sicario and Hell or High Water) a game tracker (Jeremy Renner) discovers the frozen body of a young Native woman. A hardscrabble investigation unfolds, and the tracker joins forces with an FBI agent (Elizabeth Olsen), the tribal police chief (Graham Greene) and myriad snowmobiles.
Sheridan excels at simple turns of phrase and leading us into a rat's nest of violence. But Wind River meditates on loss more than it burns through plot, and it occasionally feels heavy handed. We get itRenner's character has a backstory that makes this crime personal. There are constant references to predators and prey, and it's fueled with male aggression and female pain.
But while those pitfalls are common, Wind River's unexplored geography, depth of spirit and honoring of survivalism are not.
CRITIC'S RATING: 3/4 Stars
Rated R. Bridgeport, Division, Tigard, Vancouver.
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Naked – slantmagazine
Posted: at 5:59 am
Based on a Swedish film that itself was branded a shameless rip-off of Groundhog Day, Michael Tiddess Neflix production Naked feels stiflingly plastic-wrapped and freeze-driedan example of an elevator pitch literally becoming an elevator pitch. Beyond being retrograde, its anachronistic in the context of its distribution format. If streaming services offer the opportunity for filmmakers to explore their own freaky muses free from the expectations of mass crossover appeal, why does everyone here feel like theyre stuck on an assembly line? Sure, its a thematic mirror of the main characters plight, but that only makes the audiences journey toward the final credits feel as interminable as the main characters struggle to break his time loop.
Rob Anderson (Marlon Wayans) is a part-time English teacher at a swank prep school, asking his students to choose between The Catcher in the Rye and Lord of the Flies because he knows his students are far more likely to identify with the highly entitled form of rebellion of Holden Caufield than admit to wanting to kill Piggy, and loves throwing Lord of the Fliess island survivalism back in their faces. And yet, he doesnt have a thing in his life in order other than the fact that hes heading to the altar with Megan Swope (Regina Hall), a successful pediatric doctor with a formidable business-mogul father, Reginald (Dennis Haysbert), who, needless to say, looks at Rob like something sticking to the bottom of his shoe. Megan heads out for a day-before-the-wedding bachelorette party, and Rob and his best man head out for a quick nightcap. Then Rob wakes up naked on the floor of an elevator.
Right from the very beginning of Robs cruel cycle that sees him repeatedly returning to the floor of that elevator every time the church bells at his wedding begin to ring, Naked besmirches the reasons that Groundhog Days Mbius-strip construction worked. The 1993 film laid a trap out of mundanity, not extraordinary circumstances, highlighting the silently crippling weirdness of modern lifes patterns. Or, if youre particularly high on Groundhog Day writer-director Harold Ramiss intentions, it represents the spiritual journey toward the ultimate goal of self-transcendence in the Buddhist sense. Naked, on the other hand, doesnt suggest purgatory so much as hell, with Rob being punished by the universe and being forced to decipher the reason why.
Actually, its not even that abstract. Its rapidly clear that Rob needs to solve a mysteryhow did he end up naked on the floor of an elevator?in order to stop ending, as per the unofficial theme song from special guest star Brian McKnight, Back at One. And so, in contrast to Bill Murrays Phil Connors, Rob isnt tasked to become a better version of himself. Hes challenged to be the person his fianc and father want him to be, and the universe itself wont let him explore the very real possibility that he may simply be in the wrong relationship. Then again, in a world in which McKnight is the supreme muse, who are we mere mortals to question the vagaries of true love?
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Silicon Valley luminaries are busily preparing for when robots take … – Mashable
Posted: at 5:59 am
Image: tristan quinn / bbc
By Jamie Bartlett2017-08-06 16:55:52 UTC
Until a couple of years ago, Antonio Garcia Martinez was living the dream life: a tech-start up guy in Silicon Valley, surrounded by hip young millionaires and open plan offices.
He'd sold his online ad company to Twitter for a small fortune, and was working as a senior exec at Facebook (an experience he wrote up in his best-selling book, Chaos Monkeys). But at some point in 2015, he looked into the not-too-distant future and saw a very bleak world, one that was nothing like the polished utopia of connectivity and total information promised by his colleagues.
"Ive seen whats coming," he told me when I visited him recently for BBC Twos Secrets of Silicon Valley. "And its a big self-driving truck thats about to run over this economy."
Antonio is worried about where modern technology especially the twin forces of automation and artificial intelligence is taking us. He thinks its developing much faster than people outside Silicon Valley realize, and were on the cusp of another industrial revolution that will rip through the economy and destroy millions of jobs.
"Every time I meet someone from outside Silicon Valley a normy I can think of 10 companies that are working madly to put that person out of a job."
Antonio estimates that within 30 years, half of us will be jobless. "Things could get ugly," he told me. Its very scary, I think we could have some very dark days ahead of us."
Think of the miners strike, but in every industry. People could be be driven to the streets, he fears, and in America at least, those people have guns. Law and order could break down, he says, maybe there will be some kind of violent revolution.
So, just passing 40, Antonio decided he needed some form of getaway, a place to escape if things turn sour. He now lives most of his life on a small Island called Orcas off the coast of Washington State, on five Walt Whitman acres that are only accessible by 4x4 via a bumpy dirt path that just about cuts through densely packed trees.
Instead of gleaming glass buildings and tastefully exposed brick, his new arrangements include: a tepee, a building plot, some guns, 5.56mm rounds, a compost toilet, a generator, wires, and soon-to-be-installed solar panels. It feels a million miles from his old stomping ground.
Former Facebook executive Antonio Garcia Martinez at his remote island hideout, ready in case automation causes social breakdown
Image: tristan quinn / bbc
Antonio isnt the only tech entrepreneur wondering if were clicking and swiping our way to dystopia. Reid Hoffman, co-founder of LinkedIn and influential investor, told The New Yorker earlier this year that around half of all Silicon Valley billionaires have some degree of apocalypse insurance. Pay-Pal co-founder and influential venture capitalist Peter Thiel recently bought a 477-acre bolthole in New Zealand, and became a kiwi national to boot.
Others are getting together in secret Facebook groups to discuss survivalism tactics: helicopters, bomb-proofing, gold. Its not all driven by fears about technology terrorism, natural disasters, and pandemics also feature but much is.
According to Antonio, many tech entrepreneurs in Silicon Valley are just as pessimistic as he is about the future theyre building. They dont say it in public of course, because whats the point. Its inevitable, they say; technology cant be stopped. Its a force of nature.
Even just a couple of years ago, this would have sounded like just another exhibit in the long-tradition of American dystopian paranoia. But the robot jobs apocalypse argument is starting to sound more reasonable by the day.
"Ive seen whats coming, and its a big self-driving truck thats about to run over this economy."
The Economist, MIT Review, and Harvard Business Review have all recently published articles about how the economy is on the brink of transformation. President Obamas team suggested driverless cars would dispense with 3 million jobs pretty soon. According to the Bank of England, as many as 15 million British jobs might disappear within a generation.
I blame Hollywood for our lack of preparedness. Thanks to Blade Runner, Terminator, Ex Machina and the rest, artificial intelligence is now synonymous with sentient robots taking our jobs, our women, or our lives. Forget all that.
The A.I. revolution comes in the less sexy form of machine learning algorithms, which essentially means giving a machine lots of examples from which it can learn how to mimic human behaviour. It relies on data to improve, which creates a powerful feedback loop: more data fed in makes it smarter, which allows it to make more sense of any new data, which makes it smarter, and on and on and on.
Antonio thinks were entering into this sort of feedback loop. Over the last year or so, various forms of machine learning technology, teamed up with robotics, are making inroads into brick-laying, fruit-picking, burger-flipping, banking, trading, and driving. Even, heaven forbid, journalism and photography. Every year will bring more depressing news of things machines are better than us at.
New technology in the past has tended to increase markets and jobs. In the last industrial revolution, machinery freed up humans from physical tasks, allowing us to focus on mental ones. But this time, A.I. might have both covered.
Machine learning can, for example, already outperform the best doctors at diagnosing illness from CT scans, by running through millions of correct and thousands of incorrect examples real life doctors have produced over the years. Potentially no industry will be untouched.
Stefan Seltz-Axmacher, 27 year old founder of Starsky Robotics who are using $5 million of investment to develop self driving trucks.
Image: tristan quinn / bbc
The latest wave of machine learning is even smarter. It involves teaching machines to solve problems for themselves rather than just feeding them examples, by setting out rules and letting them get on with it. This has had particularly promising results when training neural networks (networks of artificial neurons that behave a little like real ones), using an approach called deep learning.
Recently, some neural network chatbots from Facebook were revealed to have gone rogue and invented their own language, before researchers shut them off. These simple chatbots were given a load of examples to spot basic patterns in human communication, and then conversed with themselves millions of times in order to figure out how negotiate with humans. What followed appeared as a stream of nonsense:
Bob: i can i i everything else.
Alice: balls have zero to me to me to me to me to me to me to me to
Bob: you i everything else . . . . . . . . . . . . . .
Alice: balls have a ball to me to me to me to me to me to me to me
No human, with the possible exception of one Chuckle Brother, talks like this. But the failed experiment proved an important point. It seems these chatbots had calculated, within the parameters of their task, and without human intervention, a more efficient way of negotiating. This is the essence of deep learning: coming up with new ways to tackle problems that are beyond us.
In the same week, Elon Musk (who believes A.I. is a great threat to humanity) and Mark Zuckerberg (who does not) got into a public row about the risks of letting A.I. like this loose. Zuck said Musk was irresponsible. Musk said Zuck's understanding of the subject was 'limited.' But this misses the point.
A.I. is not about to go Skynet on us. These chatbots hadnt developed some sinister secret language. But mega-efficiency or neural network problem solving might be just as disruptive. True, some of the recent fear about the coming age of the robots is probably overdone. Were not all about to be turfed out by bots. And weve always had disruption: people were warning about a jobless economy 50 years ago too. Weve always found new jobs, and new ways to entertain ourselves.
Around half of all Silicon Valley billionaires have some degree of apocalypse insurance.
Let's not forget the wonders of A.I., such as dramatically improving how doctors diagnose, which will certainly save lives. It will stimulate all sorts of exciting new research areas. Replacing people with machines will have other benefits, too: driverless lorries would almost certainly be safer than exhausted driver-full ones.
The most likely scenario, reckons Antonio, is a gradual dislocation of the economy and an accompanying escalation of unrest. David Autor, an MIT economist, reckons we could be heading toward a bar-belled shaped economy.
There will be a few lucrative tech jobs at the top of the market, but many of the middling jobs trucking, manufacturing will wither away. They will be replaced by jobs that cant be automated, in the low paid service sector. Maybe there will be new jobs who imagined app developer would be a profession but will they be the same sort of jobs? Will they be in the same places, or clustered together in already well-off cities?
Drivers alone taxi or truckers make up around 17 percent of the U.S. adult work force. Taxis are often the first jobs for newly arrived, low-skilled migrants; trucking is one of the reasonably well-paid jobs for Americans that are not highly educated. What are they going to do instead? Are the cashier operators, and burger flippers going to retrain overnight, and become software developers and poets?
At the very least it seems economic and social disruption and turbulence as we muddle through are likely. The whole shape of the economy could change too. Some worry about the possibility of growing inequality between the tech-innovators who own all the tech assets and the rest of us. A world where you either work for the machines or the machines work for you.
What does that mean for peoples sense of fairness or agency or well-being? Or the ability of governments to raise taxes? The Silicon Valley survivalists fear that, if this happens, people will look for scapegoats. And they might decide that techies are it.
Jamie Bartlett outside Apples new $5 billion HQ
Image: Tristan quinn / bbc
One of the questions I asked as part of this programme is whether we are prepared. We dont even know how little we know; and our politicians seem to know even less. I found one mention of artificial intelligence in the 2017 party manifestos.
When asked recently about the future of artificial intelligence and automation, U.S. Treasury Secretary Steven Mnuchin replied that its not even on our radar screen and that hes not worried at all. A couple of months back his boss climbed into a huge rig wearing an I love trucks badge, just as nearly everyone in Silicon Valley agreed that the industry was about to be decimated.
Antonio told me in the race between technology and politics the technologists are winning. They will destroy jobs and economies before we even react to them.
Still, guns and solar panels? Survivalism seems like overkill to me. "What do you have?" Antonio asks, fiddling around with a tape measure outside his giant tepee. "Youre just betting that it doesnt happen."
Before I can answer, he tells precisely me what I have: "You have hope, thats what you have. Hope. And hope is a shitty hedge."
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Tom of Finland review intriguing biopic of a gay liberation hero – The Guardian
Posted: at 5:57 am
Still from Tom of Finland. Photograph: Josef Persson
Finnish artist Touko Laaksonen, known by his nom de plume Tom of Finland, is brought above the radar of cultural history in this well-acted biopic.
In postwar Helsinki, in conditions of the gravest illegality, Laaksonen produced thousands on thousands of homoerotic fetish illustrations, showing bulgingly endowed leather-clad guys having an unapologetic good time. Tom of Finlands work reached the liberated US in the 1960s via mail order, and he became a counterculture hero of gay liberation, virtually inventing a whole language of hedonism that influenced Queen, the Village People and the club scene.
Pekka Strang is very good as Tom; the movie suggests that he was traumatised by his wartime experiences Finland being a co-belligerent of Hitlers axis powers. The film shows a perhaps imagined episode of Laaksonen killing a Russian parachutist. But something in his creative alchemy responded to the brutality of Nazis and Soviets in uniform, and then to the uniforms of the police employed to break up cottaging in the parks. His eroticism subversively reclaimed these styles.
So what was Tom of Finland, ultimately? A gay version of R Crumb? Not exactly. Interestingly, the movie doesnt locate a happy ending for him in being accepted by the contemporary art establishment: a much-discussed exhibition never happens in this film. Tom of Finland is perhaps closer to the 50s fetish pinup Bettie Page.
Either way, this drama suggests his importance is in something less culturally high-flown: simply being a rocknroll standard-bearer for gay men, he was the means by which happiness could be achieved. It is arguably a structural problem that the movie ends just as the HIV-Aids debate begins, with Laaksonen depicted fearing that he will be blamed, and rather earnestly promoting condom use.
Still: an intriguing demonstration of how eroticism in gay culture became overt, while straight porn retains its furtiveness and hiddenness.
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Introducing Secret Stages, The Southern Festival Where Undiscovered Acts Shine Like Stars – UPROXX
Posted: at 5:57 am
Darrell Nance/Tyler Woods/
Cuz Lightyear / Adam Torres / Jabee
Downtown Birmingham Alabama is facing the one thing in thirty years it never thought it would see renovation. The city happens to pack the largest population of any in the state. Through hilly regions, country sprawl and more collegiate joy than a frat party in nearby Tuscaloosa, Birmingham enjoys its status as both a crest of modernism and a hastily fastened 1960s time warp.
Churches adorn many a city block, both garish in design and some medieval. The local blues station plays the kind of beer-joint-blues where cheating on your spouse is the base template for all subject matter. Even the strip clubs, perhaps the holy mecca of both hedonism and self-restraint, are next to lots where a sign that asks for your salvation and time sticks out like a sore thumb.
Given that context and backdrop, Birmingham, Alabama is an absolutely perfect destination for a music festival geared around artist discovery, and thats exactly what last weekends Secret Stages offers.
Secret Stages is one of the few festivals that have stuck to the now antiquated South By Southwest model of throwing a ton of shows in a centralized location and keeping the commercialization factor down to zero. There was only one food truck placed in the middle the Loft District downtown, Secret Stages proverbial ground zero, and its only in the South that Ill get an oyster and shrimp po boy and ask myself, How seasoned is this? before devouring it in less than ten bites.
Starting from the centrally-placed Doubletree and walking downtown, I made my way down to the trio of buildings housing every Secret Stage performer. Hearing Austins Adam Torres wail with a haunting, yet relaxing voice was a definite mood shifter, and before long, I found myself close my eyes and picturing how his music couldve easily soundtracked Birmingham, from the daily grind of city workers attempting to maintain its look, to the various citizens who are unsure of what change and the Civil Rights movement would present.
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Arithmetic Is on China’s Side – Truthdig
Posted: at 5:56 am
Eden Collinsworth
Eden Collinsworth is a former media executive and business consultant. She was president of Arbor House Publishing Co. and founder of the Los Angeles monthly lifestyle magazine Buzz before becoming a vice president at Hearst Corp...
Some 30 years ago, I took a bullet train from the airport in Shanghai to the center of that city. I was being hurled ahead at 268 miles an hour on a thin layer of air between the train and the magnetized narrow tracks. But that was not what fueled my disbelief. Far more disconcerting was what I saw outside the window when we slowed down: Some of the peasantsknee deep in rice paddieswere talking on cell phones.
Entering the telecommunications age with satellite-based platforms, the Chinese were able to leapfrog over the expensive cable-based systems in the West. Currently, over 75 percent of its 1.3 billion-plus people have at least one cell phone.
Even before Donald Trump forfeited the United States place at the global table, Chinathe worlds largest nation with a self-appointed government that seeks access to global markets and resourceshas been chipping away at the edifice of Americas dominance. As of May this year, the U.S. debt to China was $1.102 trillion, which is 28 percent of the $3.9 trillion in Treasury bills, notes and bonds held by foreign countries.
Chinas state-owned firms have sought out iconic Western companies for direct investment, taking stakes in Greeces largest port, Portugals biggest power plant, Londons Heathrow Airport and Canadas energy giant, Nexen. These are only a few of the Asian countrys investments in an unprecedented range of overseas deals projected to be worth between $2 trillion and $3 trillion by 2020.
The Chinese government has built other countries infrastructures, and it has made loans to nations hobbled by deficit. To add to this outreach, China is spending billions of dollars a year in the most extensive program of image-building the world has ever seen.
There was a time when WesternersAmericans in particularthought that the Chinese would convert to Western ways. But China has not become more like us. Indeed, it would be an understatement to say that China stage-manages the exposure of Western ideas to its citizens. So, no, the Chinese do not intend to become like us.
Chinese cultureformed over 2,500 yearsembraces a Confucian perspective, which is in stark contrast to the linear rationalism attributed to Western belief. Confucius Analects(sayings) concentrate on the practical rather than the theoretical. They advise against reducing morality to a universal truth. Unlike the West, where Judeo-Christian ethics designate a non-negotiable right and wrong, the Chinese do not adhere to absolutes. Since China comprises 20 percent of the planets population, one in five people in the world believes there is no single way of being wrong and many ways of being right.
Where does that leave the rest of us?
We in the West would like to believe that individual freedom determines our choices, but in reality we are ruled in large part by the prevailing time in which we live, and our world today is interconnected. Like it or not, we must confront a challenging question: What will anchor us in our own distinct beliefs and ethics while respecting other distinct cultures with different ethical and political systems?
To consider this, well need to take our eyes off the mirror in front of us and look at people with different truths and values, because only then will we be able to make the difficult decisions. At times, those decisions will require us to relinquish some part of our ground. At other times, they will call on us to protect the ground we are determined to hold. It will be these hard-won decisionsnot the false promises of politiciansthat will enable us to navigate the future of our conflicted, crowded world.
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Free-speech debate swirls as officials block on social media – ABC News
Posted: at 5:56 am
An emerging debate about whether elected officials violate people's free speech rights by blocking them on social media is spreading across the U.S. as groups sue or warn politicians to stop the practice.
The American Civil Liberties Union this week sued Maine Gov. Paul LePage and sent warning letters to Utah's congressional delegation. It followed recent lawsuits against the governors of Maryland and Kentucky and President Donald Trump.
Trump's frequent and often unorthodox use of Twitter and allegations he blocks people with dissenting views has raised questions about what elected officials can and cannot do on their official social media pages.
Politicians at all levels increasingly embrace social media to discuss government business, sometimes at the expense of traditional town halls or in-person meetings.
"People turn to social media because they see their elected officials as being available there and they're hungry for opportunities to express their opinions and share feedback," said Anna Thomas, spokeswoman for the ACLU of Utah. "That includes people who disagree with public officials."
Most of the officials targeted so far all Republicans say they are not violating free speech but policing social media pages to get rid of people who post hateful, violent, obscene or abusive messages.
A spokeswoman for Maryland Gov. Larry Hogan called the Aug. 1 lawsuit against him "frivolous" and said his office has a clear policy and will "remove all hateful and violent content" and "coordinated spam attacks."
The ACLU accused Kentucky Gov. Matt Bevin of blocking more than 600 people on Facebook and Twitter. His office said he blocks people who post "obscene and abusive language or images, or repeated off-topic comments and spam."
Spokesmen for Utah Sen. Orrin Hatch and Rep. Mia Love, who were singled out by the ACLU, said people are rarely blocked and only after they have violated rules posted on their Facebook pages to prevent profanity, vulgarity, personal insults or obscene comments.
"We are under no obligation to allow Senator Hatch's Facebook page to be used as a platform for offensive content or misinformation," spokesman Matt Whitlock said.
Katie Fallow, senior staff attorney at Columbia University's Knight First Amendment Institute, which sued Trump last month, said there's no coordinated national effort to target Republicans. The goal is to establish that all elected officials no matter the party must stop blocking people on social media.
"If it's mainly used to speak to and hear from constituents, that's a public forum and you can't pick and choose who you hear from," Fallow said.
Rob Anderson, chairman of Utah's Republican Party, scoffed at the notion that politicians are violating free-speech rights by weeding out people who post abusive content.
"You own your Facebook page and if you want to block somebody or hide somebody, that's up to you," Anderson said. "Why else is there a tab that says hide or block?"
Court decisions about how elected officials can and cannot use their accounts are still lacking in this new legal battleground, but rules for public forums side with free-speech advocates, said Erwin Chemerinsky, dean of the University of California-Berkeley Law School.
For instance, lower court rulings say the government can't deny credentials to journalists because their reporting is critical, he said.
"These are government officials communicating about government business. They can't pick or choose based on who they like or who likes them," Chemerinsky said.
But public officials may be able to legally defend the way they police their social media pages if they prove their decisions are applied evenly.
"It's got to content-neutral," Chemerinsky said.
Trump's use of social media and the Supreme Court's decision in June striking down a North Carolina law that barred convicted sex offenders from social media is driving the increased attention to the issue, said Amanda Shanor, a fellow at the Information Society Project at Yale Law School.
"More and more of our political discussion is happening online," Shanor said. "It's more important that we know what these rules are."
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Freedom of Speech Is Not Enough – Wall Street Journal (subscription)
Posted: at 5:56 am
Wall Street Journal (subscription) | Freedom of Speech Is Not Enough Wall Street Journal (subscription) North Carolina last week became the latest state to enact a law protecting free speech on college campuses. The Restore Campus Free Speech Act requires schools to discipline students and faculty who substantially disrupt or interfere with the ... |
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Freedom of Speech Is Not Enough - Wall Street Journal (subscription)
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Google memos and pro-Trump cakes: When free speech values collide – The Hill (blog)
Posted: at 5:56 am
From work memorandums to wedding cakes, our values and consistency are tested in some strange places.
Not too long ago, most people agreed on certain values when it came to free speech: I disagree with your message but tolerate your right to say it. To be sure, that value created costs, but it seemed worthwhile to most. That consensus is now gone, at least in the corporate context. How this change affects culture more generally remains to be seen, but we may get an answer sooner than many expect.
So in terms of the First Amendment, Google can set and promote whatever values it wants. It can criticize harmful gender stereotypes or wax eloquent about affirming the right of Googlers to express themselves or boldly proclaim that free society depends on free expression. Whether this is consistent, correct, coherent, or commendable doesnt matter as a purely legal matter. No one can force Google to change its mind or its message. As Apples CEO Tim Cook noted, a company is not some faceless, shapeless thing that exists apart from society. A company like ours has a culture, it has values, and it has a voice. The First Amendment agrees.
The same holds for artistic businesses. Among those, there is a strong push for businesses to promote certain values and to avoid certain values.
For example, everyone seems fine with cake designers not being compelled to design pro-Trump cakes. Indeed, the mom of a 9-year-old Trump supporter could not find a single cake designer to create a Donald TrumpDonald TrumpDemocrats introduce another 'false hope' act to immigrants Caitlyn Jenner apologizes for wearing Make America Great Again hat Conway, ABC host tangle over Trump's involvement in son's statement MORE cake, and no one cried foul. Or consider Sophie Theallets independent fashion brand that refused to create dresses for Melania Trump. That seemed fine, too. After all, as Theallet noted, we value our artistic freedom and shouldnt have to participate in dressing or associating in any way with projects we dont want to support.
But when a Colorado cake designer named Jack Phillips decided that he and his cake shop could not create a cake celebrating a same-sex marriage in 2012, the hammer came down hard culturally and legally. The state sued him for violating its anti-discrimination law and wants to compel him to design that cake.
#BREAKING: Supreme Court agrees to hear same-sex wedding cake case https://t.co/YTQgtn6ci4 pic.twitter.com/KxsaRznV1V
For Phillips, the issue is one of corporate values and culture. While Phillips is happy to serve and does serve people of all sexual orientations, he cannot promote messages and values with which he disagrees, just like those other designers and businesses insist they cant do. In other words, Phillips doesnt discriminate based on status; he makes distinctions based on content. He sells brownies to all. He just doesnt celebrate every message requested of him, no matter who requests it.
That principle has now led Phillips to the U.S. Supreme Court, which will hear his case this upcoming term. And this moment will offer great insight into the current state of our free speech culture, both corporately and generally. Businesses and elite institutions often file briefs supporting one side or the other at the Supreme Court. Which side will these corporations support in Phillips case?
One would think, based on their free speech rhetoric and prior positions, that companies like Google would support Phillips. After all, in 2007, Google and Microsoft defended their First Amendment right to not show paid advertisements for websites criticizing North Carolina politician Roy Cooper in their search results. And in 2016, Apple defended its First Amendment right to not create computer code helping the federal government unlock a criminals iPhone. Businesses should stay true to their core values, or at least thats what we would assume. And the government surely should not compel these businesses to betray those values.
"The Google diversity memo should start the conversation not end it" https://t.co/fZokKygXhG pic.twitter.com/xgLlCDIDsI
Companies have even gone so far as to argue that their First Amendment rights trump anti-discrimination laws. Right now, Comcast is defending against an anti-discrimination lawsuit by asserting its First Amendment right to reject programs that African Americanowned media companies created. And in 2012, ABC defended its First Amendment right to exclude African Americans from The Bachelorette when it was sued for violating an anti-discrimination law. As ABC argued in that suit, Even laws which advance important and worthwhile social policy objectives, like anti-discrimination laws, may not, consistent with the First Amendment, be used to regulate the content of protected speech.
Since these companies so staunchly defend their own right to promote values of their choosing and have taken more extreme positions than Phillips, supporting this cake designer in his First Amendment quest should be easy. I disagree with your message but tolerate your right to say it, right?
In this respect, that anti-Trump fashion designer provided the best reason for businesses to support their own expressive freedom and for them to support Phillips, too: Integrity is our only true currency. Lets just see if she, Google, other corporations get the memo.
Jonathan Scruggs is senior counsel and director of the Center for Conscience Initiatives at Alliance Defending Freedom, which represents Jack Phillips.
The views expressed by contributors are their own and not the views of The Hill.
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Google memos and pro-Trump cakes: When free speech values collide - The Hill (blog)
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Charlottesville and Airbnb are wrong to attack white supremacist free speech – Washington Examiner
Posted: at 5:56 am
Free speech is once again under attack in America. This time, the victims are not terribly sympathetic.
Under the banner of "unite the right", various white nationalist/neo-nazi groups will gather on Saturday in Charlottesville, Va. There they will protest against the planned removal of a statue of Confederate general in chief, Robert E. Lee, from Charlottesville's Emancipation Park.
They face two free speech obstructionists. The first offender is the room-sharing company, Airbnb, which has cancelled bookings made by event participants. Airbnb told the Washington Examiner that the "Airbnb Community Commitment" requires users to "accept people regardless of their race, religion, national origin, ethnicity, disability, sex, gender identity, sexual orientation, or age." Airbnb claims that the white nationalists are in breach of the commitment.
Of course, as a private corporation, Airbnb has the absolute right to restrict use of its residences on the basis of political opinion. And to be sure, I have some sympathy for Airbnb's desire to preclude morons like the "Nazi Uber" guy below from their offerings.
Still, I also believe Airbnb is adopting double standards here.
When I asked a spokesman whether Airbnb also prevented far-left Antifa protesters from using Airbnb residences, he avoided the question. Similarly, when I asked Laura Murphy, a former ACLU legislative director who helped develop Airbnb's "Community Commitment," for comment, she did not respond. This leads me to the conclusion that Airbnb is making subjective determinations about what forms of extreme politics are acceptable and what are not.
Nevertheless, the protesters have a far stronger case against the Charlottesville city government. Mayor Mark Signer claims that "Given the sheer numbers [of protesters] projected ... this event is incompatible with the dense and urban location of emancipation park which is right next to our Downtown Mall." He says "unite the right" must therefore hold its protest in a different city park.
The Supreme Court has ruled that government authorities can only restrict the time and place of events if doing so is "narrowly tailored to serve significant governmental interests," is "content-neutral" in restrictions applied, and leaves "open ample alternative channels of communication." I don't believe the city can justify its relocation on that basis.
Most obviously, "unite the right" want to protest at emancipation park because that's where the statue whose removal they are protesting is located. Moving the protest would not be a "narrowly tailored" ban or commensurate with an available "ample alternative."
In addition, with this group expected to be heavily outnumbered by counter-protesters. The city cannot claim a significant governmental interest justification for relocating them. Were they to do so, they would be preferencing the speech of the counter-protesters. That would be a self-evident breach of their "content-neutral" responsibility.
Moreover, it's not as if relocation is the city's best option. Why can't it simply contain the "unite the right" protesters in the park and keep the counter-protesters away from them?
I do not support the beliefs of "unite the right," but their rights must be respected. After all, if the union victory which they so lament stands for anything, it stands for the right of citizens to peacefully assemble to petition for their cause.
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Charlottesville and Airbnb are wrong to attack white supremacist free speech - Washington Examiner
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