Category Archives: Things that Piss Me off from The NY Times

Why Doesn’t Google/YouTube Just Take It Down?

So there’s this extremely offensive-to-Muslims 14 minute video and riots are breaking out and people have been killed in parts of the world where (1) people don’t have the same understanding of “free speech” that we have in the US, (2) may be misinformed about free speech in the US (for example they may believe we limit some speech like Holocaust denial which we don’t, and are purposely allowing this offense against Muslims), and/or (3) have a fixed belief (based not only on stuff they’ve read, but maybe stuff they’ve experienced) that the US is the Great Satan and responsible for all their suffering.

I understand why the US can’t and won’t apologize for its Constitution, and why it can’t stop Google/YouTube, which is not the US Government,  from showing the video. I also get how the middle of a riot is not a great time for a teachable moment about our wonderful freedoms. Here’s what I don’t get: Why hasn’t Google (which now owns YouTube) followed the US government’s request to take down the video?

I get that Google doesn’t want to be told by a government what it can or can’t do although I believe they put up with this in China for quite a while. However, there are guidelines for YouTube, and YouTube as a private entity has the right to decide what material goes on and what’s “offensive” to the community to the point where it should be banned. Granted there could be a floodgate with every group that feels they’ve been “attacked” by a video clamoring for banning. God knows it’s easy to find hate of every kind all over the Internet, and if Google started to ban hate, what would be left?

However, real people are being killed over this goofiness. Certainly there is no artistic merit or any case other than “free expression” for this material’s still being shown. And if taking it down means a bunch of complaints about other stuff like the racist garbage or the anti-Semitic crap, so what?   If homophobes start to complain about please for marriage equality, and fundies of all creeds get incensed by scantily clad ladies, what the biggie? Google/YouTube is free to go back to its policy of ignoring these complaints and defending its freedoms, but just because you have the right to show whatever you want, doesn’t mean you have to.

(Please feel free to disagree.)

Non-Political Prose Poem

Glancing across the platform
I spotted myself sitting on a bench thirty years ago
waiting for a downtown train,
fleeing some boy because because I realized I wasn’t who he thought I was,
or maybe I was,
but he was no longer interested.
Present me wanted to shout, “Get on with things. Stop fucking around.
You need a PLAN.”
But if I could’ve heard, I wouldn’t have listened.
I was too busy gathering material.

Dharun’s Lucky Roll

A life can spin out of control easily. The young man was in trouble. Never, arrested before in his life, suddenly he was facing serious felony charges. There was a potential to spend years in prison. On top of this, he was an immigrant who had come to the US as a child, a conviction would likely lead to deportation after prison.

The evidence against him was overwhelming. His actions, arguably, had indirectly contributed to the death of another. While even the prosecutor wasn’t going to charge him with manslaughter, public opinion was against him. If the case went to trial, the victim’s family would be sitting in the courtroom, a silent reminder to the jury that the young man’s carelessness had had serious consequences.

Yet, he was given a way out. A plea bargain was on the table. Admit his guilt on some counts. Spare the victim’s family a public trial. In return, no jail time and the state would recommend against deportation.

But he didn’t take the plea.

He would tell the press he couldn’t because it would have meant admitting guilt to a “hate crime” and there was no hate in his heart. Maybe he simply believed that the jury would see it his way. He had “committed” a prank, not a crime. You saw much worse on television shows like Punk’d. Nobody could “prove” a connection between what he’d done and what had happened later.

He went on trial charged with four counts of bias intimidation as a hate crime, two counts of invasion f privacy, two counts of attempted invasion of privacy, and seven counts of witness tampering and hindering apprehension based on his actions after the investigation began.

The jury convicted him on ten counts. They struggled only with “bias intimidation” but had no problem seeing his guilt on the other counts.

The young man neither apologized, nor took the witness stand. Many observers found his courtroom demeanor unemotional although when the verdict came in he appeared shocked.

The judge admonished the young man, telling him, “I heard this jury say ‘guilty’ 288 times — 12 jurors, 24 questions, but I haven’t heard you apologize once.”

He could have gone to prison for years.

The judge sentenced him to 30 days, plus court costs, community service and probation. The judge will recommend against deportation to the federal authorities. Except for he brief jail time, the young man got the same sentence as had he taken the plea, with one exception — he doesn’t have to acknowledge his responsibility or apologize for his actions.

Now, one can argue that the plethora of charges brought against him would never have occurred had the roommate not killed himself, had “bullying” particularly of the cyber variety not been so prominent in the news.

One can argue that despite the judge rightly trying to keep the suicide out of the trial, it was there hovering and influencing the jury.

One might say that no amount of jail time would help the young man to grow up, to lose any of the “colossal insensitivity” sited by the judge. Would a longer sentence have been justice?

The problem is that justice in this country is relative. There are people who like the young man chose a jury trial rather than a plea deal. Perhaps the deal they were offered wasn’t as good, and so they decided to roll the dice with a jury. Maybe the deal involved jail time. Maybe they believed they were not guilty in their hearts, as the young man did, that somehow their actions were justified, or just not as bad as the state thought, and they would be able to get a jury to see it that way. Maybe they were psychopaths who thought they could charm the jury. Maybe they were simply innocent.

Still they were convicted, and in most cases the judge didn’t subvert the jury’s intentions in quite the same way. They went to jail. They didn’t get the deal they didn’t take.

So what on earth made this case different?

Some might question the judge’s own bias. His statement in sentencing the young man to learn to respect “those with alternative lifestyles,” shows at least a tone-deafness, if not a prejudice of his own.

Some people wondered if the sentence might have been different if the victim hadn’t been his roommate, but perhaps a female friend — a young woman who had had an intimate moment caught and broadcast on Twitter.

But maybe the bias, was not so much against the victim as for the defendant. Maybe things would have been different if the young man had had a previous offense or two in his record, or this happened at a 7/11 and not at a respected state university. The young man came from a middle class home, from law-abiding people, hard working immigrants. While his dark skin might get him profiled at an airport, he probably wouldn’t be a victim of a stop and frisk unless the police mistook him for a Latino or a Moslem. His is a minority stereotyped as smart and ambitious, rarely subject to discrimination in housing or hiring.

So let’s replay the same crime. An eighteen-year old white girl is working at a 7/11 while working her way through community college. She takes a room in an apartment with a couple of coworkers, also part time students — another female and a young man. One day, the young woman, who is barely out of the closet, invites a date home. They kiss in her room, where the male roommate has a hidden camera. It’s broadcast on Twitter. The woman discovers tons of messages about the event and a possible encore performance. A day later she kills herself. Maybe there were other things happening in her life, and the connection between the two events is peripheral, but who knows? The timing seems to connect them.

Now, lets imagine the male roommate is black AND Hispanic, the son of immigrants, who has already had a little trouble with the law. Perhaps he was stopped once by the cops and found to have a small amount of marijuana. His mouthing off to the police about his “rights” led to a few more charges.

The young man is offered a deal. Does anyone think this deal would not have jail time and deportation? And if he chose to take his chances with a jury, does anyone think that after being convicted a judge would give him 30 days and 300 hours of service?

The problem is not so much that Dharun Ravi got off too easy. It’s that justice is a crap shoot, and the dice are loaded. In this case, Ravi chose to roll the dice. They came up snake eyes, but the judge called it a seven.

Don’t Ask Why If You Already Know the Answer

It’s the racism.
It’s the racism and the firearms.
It’s the racism, the firearms and vigilante culture.
It’s the racism, the firearms, the vigilante culture and everybody wanting to be a hero and enjoy their fifteen minutes of fame.
It’s the racism, the firearms, the vigilante culture, everybody wanting to be a hero and enjoy their fifteen minutes of fame, and it’s the isolation of the gated community.
It’s the racism, the firearms, the vigilante culture, everybody wanting to be a hero and enjoy their fifteen minutes of fame, the isolation of the gated community, and anybody who’s not in a car must be up to no good.
It’s the racism, the firearms, the vigilante culture, everybody wanting to be a hero and enjoy their fifteen minutes of fame, the isolation of the gated community, anybody who’s not in a car must be up to no good, and badly written law.
But mostly it’s the racism.

The Gentleman or the Abyss

Last week, I went to the Apollo to see the Prez. Let me repeat that because there’s something magical and ridiculously unlikely in that sentence.  Obama, is, of course, the first sitting president to ever come to the Apollo.  Ten or fifteen years ago, Harlem was much less safe and chic than it is today, and a presidential visit to the theater would have been unthinkable.  But then, to paraphrase Tom Tomorrow, if Dr. Who had landed in 2001 and announced that in 2008 America would elect a black man named Barack Hussein Obama president, it wouldn’t be the time travel part that would sound crazy.

Today 125th street has tour buses and chain stores, but still the feeling of history, and the Apollo is history.  Tickets were reasonably priced, starting at $100, far less than a Broadway show or a concert.  This was not a big donor crowd, just enthusiastic constituents, still proud of their President though some may have been a little disappointed that he hasn’t always been as forceful as we’d hoped.  (As someone said to me recently, “I still love the President. I’m just not in love with him anymore.)

Our politically savvy cousin (a former campaign manager for a sitting senator) who accompanied us, reviewed the President’s speech as a “incoherent, but exciting.”  Obama was trying out different things, honing his message for the coming election. He was in training.

The speech reminded me of why we had expected so much.  He hit the right populist notes, sounding like Jimmy Stewart in the never released Capra sequel, President Smith Runs for Re-election. He talked about the economic mess he inherited, how hard it will be to pull ourselves out, the need for the same rules to apply to everyone, and that we are all in this together. He talked about the good that government can do and referenced social security as well as health care reform.  He mentioned the GI bill, which his grandfather had used to go to college after the war.  My father also went to school on the GI bill.  In his case to attended optometry school at Columbia, although  before the war he’d  gotten a bachelor’s degree at City College (also in Harlem, USA), which back then didn’t charge tuition.  Imagine that!  A free university education.  What a country we once were back when that socialist FDR was in charge.

Obama talked about his opponents and how much the republicans had changed, referencing both Lincoln who created the Internal Revenue Service and Teddy (Bust the Trust)  Roosevelt.

But the moment that would be immortalized on YouTube was when he first came out, after the Reverend Al Green, and he began to sing Let’s Stay Together.  The crowd went wild.  Obama beamed that big smile, the one that inspired crazy Pam Geller to speculate that Malcolm X was his biological father (my absolute favorite conspiracy theory, not only for its absurdity and physical impossibility, but because I kind of wish, if only.)   At the time, I just enjoyed the moment.  It only hit me hours later that of course the singing was staged.

When the stakes are this high, nothing is left to chance.  I can imagine Obama with his advisers planning the marathon of his New York night — three dinners and a show.  I could see him being told that the entertainment would include Al Green, prompting an impromptu song burst, followed by one of the bright not-so-young men saying, “You’ve got to do that!”

I accept that he is after all a politician, an incumbent running for re-election in a tough economy. The line that has haunted me since Thursday wasn’t the musical interlude, it was when he said that this is not the same Republican party he ran against in 2008, that back then he ran against an opponent “who agreed that we should ban torture, believed in climate change, [and] had worked on immigration reform.”

Here’s what it comes down to. On one side are the republican candidates left standing. There’s  Romney, a rich man who can joke about betting $10,000, and about his being “unemployed,”  then turn earnest about corporations’ being people.  If he didn’t actually exist, Stephen Colbert would have had to invent him.   There’s Gingrich who doesn’t just pander to racists, he incites them while playing the victim. And Santorum is still in the race, a man openly disdainful of science, education and contraception.  Here are people advocating policies that would rid us of even the small safety net that exists, who would happily gut social security, rescind health care reform, destroy public education and leave an economy in shambles, men who talk about limiting government while advocating its entry into our bedrooms.

Before the show, as we waited on line (this being New York) that cold winter’s night.  Across the street, there were the usual motley band of protesters, occupy Wall Street types with signs about corporations and Guantanomo, proclaiming their status as part of the 99%.   Of course this was an event for the 99%.  Ironically, many of us had probably at least visited Zuccotti Park.  While some will argue that there isn’t much difference between the parties, at this point that’s unaffordable nihilism.   Maybe Obama is too “centrist” for some or too much of a gentleman when times call for a street fighter, but we are all standing on a precipice and it’s either him or the abyss.