It’s not ‘fake’ if you don’t want it to be real

honest-journalism-is-deatRecently, Skip started a post with this charming thought:  ‘The job of a journalist is to report facts, add context where necessary, and leave it to the consumer to decide what he thinks.’

I would have agreed with that before I read Neil Postman’s excellent book How to Watch TV News.  But Postman helped me understand that it’s a fairy tale version of the actual job.

The job of a journalist — what journalists are hired to do — is to get people’s eyeballs pointed in a particular direction (or their ears tuned in to a particular source of sound), so that advertisers can try to sell them things. Once you understand that, a lot of otherwise incomprehensible things about journalism start to make sense.

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Why judges shouldn’t be lawyers

justiceWe seem to take it for granted that, when it’s time to pick a new judge for an appellate court, we should look at people who are already serving as judges on lower courts.  And when we’re filling vacancies on those lower courts, it seems natural that we should look at lawyers who have been successful, whether in private practice or public positions.

So the whole judicial branch ends up being staffed by former lawyers.

And that is a huge problem.  Because being a lawyer is the worst possible training for being a judge.

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Textualist, or contextualist?

ConstitutionI keep hearing that Brett Kavanaugh is a committed textualist, a clear thinker, someone who reveres the written Constitution, and so on.  I have to say, I’m not seeing it in his opinions.

To take just one of many examples that people are discussing, let’s look at his dissent in the second Heller case, which Fox News holds up as an example of the kind of ‘clear and succinct reasoning’ that we can expect from Kavanaugh if he’s confirmed.  This is essentially his closing argument:

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Searching for Justice Frodo

Court law booksIt never ceases to amaze me how many people find it reasonable to think that we need to go to court to get an answer to a question like:  Can a state enact a law banning the ownership of semi-automatic rifles?

Textualism says that when applying a statute or constitutional provision, we should look only at the text — the words that it contains — setting aside considerations about tradition, history, legislative intent, and a lot of other things that we can’t really describe with accuracy or certainty or consensus.

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How to End School Bullying

graduationIn Robert Heinlein’s story ‘Friday’, the California Confederacy, noting that Californians with college degrees earn more than those with high school diplomas alone, enacts a law granting all citizens a bachelor’s degree upon graduation from high school.

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