THE RIGHT FUSS: WHY ARE ANIMAL RIGHTS GROUPS FOR BANNING DEPICTIONS OF ANIMAL CRUELTY?

The most memorable video we watched in middle school showed the treatment of animals in the beauty industry. Students squirmed as they saw what happens to a rabbit’s eyes after lipstick has been shoved in them. Many kids covered their faces. Others protested having to watch.

It bothered me then, newly a vegetarian, to see students shielding themselves from confronting cruelty. But today it troubles me more to see animal rights advocates defending a law to banish images of cruelty entirely.

The federal law, Section 48, prohibits selling any “depiction of animal cruelty” across state lines. The Supreme Court is now considering whether the ban – targeted at violence fetish “crush” videos of people stomping animals, but far broader in scope – violates the First Amendment. Animal rights groups and the Obama administration are asking to Court to restore Section 48, which was overturned by 3rd Circuit Court of Appeals, along with the conviction of Robert Stevens, who created and narrated dogfighting videos using others’ footage.  Stevens had been sentenced under Section 48 to three years in jail for making the films.  Michael Vick served one year less for running a dogfighting ring.

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THE MENDACIOUS MISTER REYNOLDS

Anyone out there concerned about the amount of influence Glenn “Heh” Reynolds holds over what people read out on the internets should be more worried about the links that folks don’t click on but instead assume, understandably, to say something roughly approximating what Professor Reynolds says they do.

Take the new website Save the ACLU, organized by influential members and former members who’ve had a series of increasingly nasty and public disputes with the current leadership over how well the organization is living up to its own values. The major flashpoints have been the extent of compliance expected of board members with the leadership’s public relations approach, and the extent of compliance demonstrated by the leadership with conditions imposed by public and private organizations offering funding.

As the website describes,

Over the past three years, these breaches of principle include the ACLU’s approval of grant agreements that restrict speech and associational rights; efforts by management to impose gag rules on staff and to subject staff to email surveillance; a proposal to bar ACLU board members from publicly criticizing the ACLU; and informal campaigns to purge the ACLU of its internal critics.

You’d have a hard time guessing that those were the sorts of grievances in play if you just read the link on Instapundit, which reads:

A SAVE THE ACLU CAMPAIGN from supporters who feel the organization has become excessively politicized.

Now the generous read here I suppose would be that “politicized” refers to “office politics” – that the ACLU is being accused of being too political in the sense of being too concerned with reputations and status and salaries and the like. But that’s hardly the intuitive read of that sentence. If you didn’t know better, you’d think that even the ACLU’s supporters have come to echo the contention of Reynolds and others that when the ACLU was backing free speech three decades ago it was being heroic, but when it backs privacy rights today it’s being “political” out of hatred for Bush.

The gripe of the critics, arguably, is that the ACLU isn’t being political enough – that is, that the politics of its mission haven’t sufficiently infused its methods of implementation.

BEYOND BUSH AND TANCREDO

Catching up on the immigration debate that broke out amongst some of my co-bloggers over at Campus Progress while I was out of the country, I think it exemplifies an unfortunate trend in the contemporary debate: conflating the questions of how immigration should be regulated and of what rights immigrants should have in this country. Every issue has some pundit out there convinced that there are not two sides but three or seven or nineteen, but the immigration question is actually one where there are three camps – counting not the number of potentially coherent ideologies out there but the number of discrete large-scale positions people are visibly lobbying for – which can’t be placed along along a single spectrum without losing a good deal of meaning.

The position which has gotten the most colorful press coverage recently is the one advocated by Tom Tancredo (R-CA) and the Minutemen vigilantes who’ve taken it on themselves the patrol the border and chase down people who look to them like immigrants. Tancredo wants to cut immigration to this country (drastically) by building a wall and wants to curtail the rights of immigrants here (drastically) by denying their children birthright citizenship. It’s a position which resonates with a significant swath of the Republican base, as well as some traditionally Democratic-voting folks. It’s the position of the National Review. Shamefully, it used to be (roughly) the official position of the AFL-CIO (arguably that position would have fit better in a fourth quadrant – fewer immigrants but more rights for them – which I’ll leave out here because it lacks many advocates).

The position which has unfortunately been the primary alternative portrayed in the media is the cluster of policy proposals represented by George W. Bush: more legal immigration but fewer rights for immigrants. That would be the consequence of the crypto-bracero program he offered two years ago, under which undocumented immigrants are invited to come out of the shadows and into the trust of their employers, who can sponsor them for as long as they see fit but are given no reason not to have them deported if they do something the boss doesn’t like. This is the position of the Wall Street Journal and the Cato foundation and the business elites they’re looking out for.

There’s a progressive position in this debate, but it isn’t either of these. It’s the position for which immigrants, advocates, and allies rode from around the country to Flushing Meadows Park for two years ago: open our country to more legal immigration and protect the rights of everyone who lives here. It’s the position of the national labor movement, the NAACP, and the National Council of La Raza, and it’s the one reflected in the principles of the New American Opportunity Campaign: offer a path to citizenship, reunite families, protect civil liberties, and safeguard the right to organize and bargain collectively for everyone who lives and works here. That’s the goal towards which the legislation offered by senators Kennedy and McCain is a crucial step.

Conservatives reap the benefits from any debate which pits low-income workers against each other based on race or gender or citizenship – even when such a debate makes cracks in their electoral coalition in the short term. Building a progressive movement in this country depends on bringing together working people across such divisions to confront shared challenges and opponents with common cause. It’s a task which ostensibly progressive organizations too often have failed – to their own detriment. A two-tiered workforce is bad for workers, and it’s bad for America. But the right answer to that challenge, on the immigration question as on the race question and the gender question, is to welcome new workers and ensure that they have the same rights as old ones, so that they can organize and bargain together to raise their standard of living. Pushing marginalized workers out of the workforce was the wrong position then, and it’s the wrong one now. It consigns more men and women to die crossing the border, and it endangers our security by perpetuating a system in which millions of people needlessly live outside of the law. And it denies the historical promise and dynamism of this country.

"THERE IS NO CRACK"

The Democratic leadership’s hesitant response to Russ Feingold’s call to censure Bush is disappointing, but not surprising (as usual, Mr. Joementum outdid his Democratic colleagues with his claim that coming out against the President’s law-breaking and keeping America safe and free are somehow mutually exclusive). Same goes for the Republican leadership’s ostensible apoplexy. The Republican reaction is more memorable though. As easy as it is these days to become numb to flag-waiving and treason-baiting in response to criticism and defense of the indefensible, Bill Frist’s words are worth remembering:

here we are, the Republican Party, the leadership in the Congress, supporting the President of the United States as Commander in Chief, who is out there fighting al Qaeda and the Taliban and Osama bin Laden and the people who have sworn, have sworn to destroy Western civilization and all the families listening to us. And they’re out now attacking, at least today, through this proposed censure vote, out attacking our Commander in Chief…

As I was listening to it, I was hoping deep inside that the leadership in Iran and other people who really have the U.S. not in their best interests, were not listening because of the terrible, terrible signal it sends…the signal that it sends that there is in any way a lack of support for our Commander in Chief, who is leading us with a bold vision in a way that we know is making our homeland safer is wrong. And it sends a perception around the world and, again, that’s why I’m saying as leader at least of the Republican side of this equation, that it’s wrong, because leadership around the world of our sworn enemies are going to say, well, now we have a little crack there. There is no crack. The American people are solidly behind this president in conducting this war on terror.

What Frist is suggesting, in no uncertain terms, is that the military strength of this country and the political strength of its President are inseparable. He’s willfully grafting the President onto the nation and the military as parts of a single coherent whole which all Americans are obligated to defend and support against those who would oppose it. Such logic – attack the President, attack America – makes loyal opposition a theoretical impossibility and makes American patriotism and Republican partisanship synonymous. There are names for an ideology that admits no distinction between the leader, the people, the military, and the nation. But it’s so twentieth century.

As Feingold said today:

Even more troubling than the arguments the President has made is what he relies on to make them convincing – the credibility of the office of the President itself. He essentially argues that the American people should trust him simply because of the office he holds. But Presidents don’t serve our country by just asking for trust, they must earn that trust, and they must tell the truth. This President hides behind flawed legal arguments, and even behind the office he holds, but he cannot hide from what he has created: nothing short of a constitutional crisis. The President has violated the law, and Congress must respond.

THE WEEK IN FEARING FEAR ITSELF

Big week on the not-trampling-over-all-of-our-values-and-freedoms-in-the-same-of-security front. I’m skeptical of how much difference the McCain ammendment committing us not to torture will make on the ground, but it’s a good sign that even after sending Dick Cheney out of his undisclosed location and onto Capitol Hill, Bush wasn’t able to keep Congressional Republicans on the reservation (the anti-anti-torture reservation, that is). The ultimate result, in which Bush met McCain much further than halfway from his original “waterboarding is freedom” position, shows him to be a weakened President and puts this nation back on record against willfully inflicting abusive pain on prisoners. The urgency of the issue, and the limitations of legal language like McCain’s in addressing it, are reinforced in Human Rights Watch’s announcement today on pervasive torture in secret US-operated foreign prisons:

Eight detainees now held at Guantánamo described to their attorneys how they were held at a facility near Kabul at various times between 2002 and 2004. The detainees, who called the facility the “dark prison” or “prison of darkness,” said they were chained to walls, deprived of food and drinking water, and kept in total darkness with loud rap, heavy metal music, or other sounds blared for weeks at a time. The detainees offer consistent accounts about the facility, saying that U.S. and Afghan guards were not in uniform and that U.S. interrogators did not wear military attire, which suggests that the prison may have been operated by personnel from the Central Intelligence Agency…Some detainees said they were shackled in a manner that made it impossible to lie down or sleep, with restraints that caused their hands and wrists to swell up or bruise. The detainees said they were deprived of food for days at a time, and given only filthy water to drink. The detainees also said that they were held incommunicado and never visited by representatives of the International Committee of the Red Cross or other independent officials.

This “dark prison” report follows Friday’s New York Times revelation that President Bush has been authorizing the NSA to spy on Americans without even going through the secret courts designed for the purpose, which should shake any confidence one might have that better laws will fully set this administration straight. Bush apparently believes that he is authorized to personally designate Americans as surveillance targets based on the congressional resolution authorizing him to go to war in Afghanistan.

That Congress showed much less deference on Friday, when Bill Frist could only muster 52 votes for cloture on the Conference Committee’s version of the PATRIOT Act reauthorization, which took out all the civil liberties protections that Russ Feingold and others managed to get into the version passed unanimously by the Senate. In a striking victory for sensible privacy protections over fear-mongering, Feingold, Leahy, and company have kept the Senate from approving the Conference Committee Draft. It’s also a huge victory for Feingold personally, who has gone from being the only Senator to vote against the PATRIOT Act to leading a charge to continue debate on the bill which saw more Republicans cross over to oppose cloture than Democrats crossing over to support it. Looks like the Democratic leadership, rather than marginalizing him, is now trying to pull him into the party establishment, handing him a seat on the Intelligence Commission.

Hillary Clinton, meanwhile, made the news for her own sorry contribution to the discourse on patriotism and freedom: a proposal to ban flag-burning. Hers is ostensibly a compromise position in that it’s a bill rather than a constitutional amendment, and it only applies on public property or when someone is intimidated. But legitimating speech restrictions based on how uncomfortable the speech makes other people feel makes a mockery of free speech. She should know better.

PET ISSUES

A characteristic comment from Kos:

we won’t have a governing majority until the energy expended in pursuing pet interests gets redirected toward getting Republicans out of power and getting Democrats — even some of the imperfect ones — elected to replace them…take a look at the new progressive organizations arising the past few years — MoveOn, the blogs, Democracy for America, National Political Hip Hop Conference, etc — all of them movement-based multi-issue organizations. That is the future of the American progressive movement. Not the single-issue groups that continue to hold their narrow interests above those of the broader movement.

What’s frustrating about comments like this is the uncritical conflation of the “broader movement” and the Democratic party. What’s a “pet issue”? Well, it’s an issue taken up by people you think could spend their time better doing something else. Since Kos’ goal – certainly an urgent and worthy one – is to replace Republican elected officials with Democratic ones, he tends to snipe at progressives who focus on pretty much anything else – be it reducing poverty or expanding civil liberties – as a higher priority. And his hammering on the all-too true point that the Right in this country has demonstrated much stronger long-term strategy than the Left over the past few decades only makes it that much more disappointing each time he makes the short-sighted argument that progressive groups which too strongly criticize or withhold support from Democrats who don’t share their values are selfish for not subordinating their cause to the goal of winning the next election. That’s not how conservatives accomplished their takeover of many of the powerful institutions in this country.

What really gets me about this particular post, though, is the way it conflates Kos’ “every left-wing group in the country should work to elect anyone to Congress who will vote for Pelosi for Speaker” critique with a critique I agree with: the left hasn’t done a sufficient job of building lasting multi-issue coalitions, and progressive activists have too often failed to see and articulate the connectedness between their causes. For Kos, the latter critique must be the former, because the only legitimate form for multi-issue cooperation to take is the Democratic party or organizations or websites mainly devoted to electing Democrats. But that’s not the view of many of the most articulate exponents of the latter critique, including the “Death of Environmentalism” essay which he rightly highlights as a crucial document (here too, I agree). In fact, the very excerpt he quotes in his post is:

Our thesis is this: the environmental community’s narrow definition of its self-interest leads to a kind of policy literalism that undermines its power. When you look at the long string of global warming defeats under Presidents Bill Clinton and George W. Bush, it is hard not to conclude that the environmental movement’s approach to problems and policies hasn’t worked particularly well. And yet there is nothing about the behavior of environmental groups, and nothing in our interviews with environmental leaders, that indicates that we as a community are ready to think differently about our work.

“What’s that,” you say, “it’s possible to have a long string of defeats under a Democratic President? (For a sobering account of just how poor a job NRDC and the Sierra Club did at cashing in on their work electing Bill Clinton, check out Randy Shaw’s Activist Handbook). So much for the idea that all progressive groups have to do to advance their causes is get Democrats elected.

UNION RIGHTS ARE SPEECH RIGHTS

While I don’t at all agree with Thomas Geoghegan’s contention in Which Side Are You On that the ACLU’s agenda, while noble, wouldn’t “cost anyone anything” to implement, he does speak to a well-justified frustration many “labor liberals” feel at the difficulty of stirring certain civil libertarians to get up in arms about the civil liberties of workers on and off the job. Not only are positive rights (like economic security) crucial to the meaningful exercise of negative rights (like free speech), positive and negative rights frequently and fundamentally intersect, perhaps nowhere moreso than the workplaces in which millons spend the majority of their waking hours. Opposition to civil liberties comes not only from those who see in others’ exercise of their rights a threat to their values but also from those who see in others’ exercise of their rights a threat to their economic interests. That’s why the right of workers to speak, assemble, and organize on and off the job has always been threatened in this country. And that’s why it’s so often fallen to unions, in Nathan Newman’s words, to “bring the first Amendment to the workplace.” It’s worth asking (as Geoghegan was trying, though through a troubling turn of phrase, to do) why the idea of deprivation of civil liberties affects many of us more viscerally than the idea of economic deprivation. But even those who only get up in arms over the former should be disturbed that, as Geoghegan has been reminding us for years, American law offers you no protection against being fired for expressing your political beliefs, and promises the weakest of responses to employers who threaten, punish, or fire workers seeking to bargain collectively.

What are the stakes? The Bush-appointed majority on the National Labor Relations Board provided a reminder last month when it upheld a security firm’s rule that bars its employees from “fraternizing” with each other on or off the job. Guardsmark insisted that its employees give up their right to associate with each other socially on their own time as a condition of employment, and the NLRB blessed the company to keep the rule in place.

FLIP-FLOP IN A PHRASE

Appearing on Hardball, What’s the Matter With Kansas star Sam Bronwback (R-Kansas) just told us that Americans are angry at the courts because they keep “inserting themselves” in issues where we don’t believe they belong, like Roe, and “changing our understanding” of issues like property in cases like Kelo. What he avoided saying, lest he stray off the message discipline reservation, is that the decision in Kelo he decries as a change was a decision not to overturn the law. Senator Brownback’s problem with the court’s economic jurisprudence, in other words, is that it’s not activist enough.

The conservative establishment vision for the court is not that it leave controversial decisions to be settled directly by the people, but rather that it step back when majorities choose to legislate against civil liberties (especially those of others) , and then aggressively intercede to overturn even those economic regulations which are overwhelmingly popular. Conservatives like Sam Brownback are outraged when the court stops a heterosexual majority from writing homosexuals out of the city’s non-discrimination laws in Romer, but elated when it turns back Congress’ attempt to keep firearms out of our schools. Whereas my reactions, unsurprisingly, are the opposite. A couple days ago I set forth a couple of the reasons I think the Court is justified in blocking the imposition of majoritarian sexual morality in Griswold and unjustified in blocking the majority’s attempt to set common labor standards in Lochner (if you want to have sex without condoms and make at least $5 an hour at work – not at the same time that is – my using condoms doesn’t make a difference to you but my working for $1 does). And Brownback has his reasons for his position as well. But unlike, say, Nathan Newman, he can’t hope to credibly claim that he’s an opponent of “judicial activism” across the board (and unlike – maybe – Finnegan, he can’t claim to be a consistent fan of judicial intervention to limit government either).

As a couple Yalies just showed in a Times piece identifying Clarence Thomas to be the Court’s Activist-in-Chief, the question for most of us is when and to what extent such activism is just and appropriate, and the country would would be better served by a national debate on that question (personally, if the question were all the activism or none of it – which I’m glad it isn’t – I’d go with none so that the left would at least have recourse to the legislature, and a spur to organize).

THE WRONG WAY TO HONOR THE 4TH

is to narrow Americans’ constitutional freedoms by amending the first amendment to ban unpopular symbolic speech. It’s disturbing to see the Senate within a few votes of following the House in passing the abysmal “Flag Burning Amendment.” And it’s disappointing to see so many Democrats (Bob Menendez, Sherrod Brown, and Loretta Sanchez among them) joining the pandering parade.

As I said in this piece (also here), crimminalizing flag-burning is a desecration of the flag and of our freedoms. As Hendrik Hertzberg once observed, it’s impossible to burn the flag, though some may choose to burn a flag or two. Trampling the freedoms for which that flag stands, however, is all too feasible.

That’s exactly how we should recognize the criminalization of a symbol based on offense at its content. After all, if the burning of a flag can be rendered illegal on grounds of outrage at the message it signifies, why not images of burning flags? Why not incitement to burn flags? Why not Dick Durbin’s insistence that torture is more befiting a despotic regime than the United States of America? There was a moment in this country’s history before the First Amendment when representatives on the floor of Congress had a constitutional right to free speech unavailable to regular Americans. It would be shameful for us ever to enter a moment after the unamended First Amendment in which the same is the case.

A Flag-Burning Amendment would still be outrageous if flag-burning was an everyday occurence in this country. But it’s worth noting that it isn’t. Not only was the pro-amendment Citizens Flag Alliance only able to document four incidents this year (three of them last month, while the Amendment was under debate and in the news), every single one involved people burning other people’s flags. However one ranks the wrongness of setting the local Public Library’s flag on fire relative to, say, denying healthcare to returning veterans, it’s already illegal.

What’s at issue is this: Living in a society with a robust Bill of Rights means that in some rare instance, some American may exercise the freedom granted under our flag to burn a flag in hopes of dramatizing a divide between a vision for this country and its present reality. The discomfort that’s inspired by a burning flag, or a confederate flag, is a small price to pay for liberty.

Three thoughts after watching the last two West Wing episodes last night:

These were, I have to say, better than the last several have been, and much better than the lowest points of the post-Sorkin era. Still an embarrassing shadow the show’s former brilliance, but I have to say I will miss it over this hiatus. There were even some lines I laughed at. And the actors are still great, especially when they look less like they’re embarassed to have to recite the dialogue they’re being given. Or maybe that was just projection…

Along with all the more substantive faults in the current show, I have to say as a longtime viewer I feel personally snubbed by the current producers’ little sleight of hand which skipped a year of the Bartlett Presidency, which is made all the more irksome by their comments to the press that in focusing the show on Presidential primaries they’re just bowing to the reality that Bartlett only has one year left by the show’s own timeline. False. Bartlett’s presidency started two years before George Bush’s, in 1998. He was re-elected the same week as our awful 2002 elections. So his term ends in 2006, not 2005. Trying to skip a year gives the sense that they don’t think anyone is watching. Which may be true…

Last, more substantive, less self-parodying point: One of the more clever (yes, clever) pieces of last week’s episode was a controversy over a magic trick Penn and Teller perform in the East Room in which they appear to burn a flag wrapped in the Bill of Rights, which is left intact (some of my thoughts on flag burning in general are here. Press and politicians begin demanding to know whether the flag was actually burned or whether it’s still intact. Which begs the question, implied but never stated by the writers: What’s the difference between a symbolic act, and a symbol of a symbolic act? If the one can be banned, why not the other?

Live-blogging the debate:

0:01 “A few” things is all you want to change about the PATRIOT ACT? Gonna be a long night…

0:03 Bush doesn’t see how you can lead this country if you change your mind…I think a lot of Americans are coming to realize you can’t lead the country so well if you never change your mind…

0:05 Touting that 75% of Al Qaeda leadership captured figure was probably more effective before Condi admitted we don’t know how many Al Qaeda leaders there are. That must be some amazing math…

0:06 “I wasn’t happy when we found out there wasn’t weapons there.” I understand, electorally, why that would be the case, but on some moral level, shouldn’t that be a relief?

0:09 No, he didn’t say “we must pass a global test before we use force” – he said we must pass one after we use force. Not much to tout from that first debate for you, is there?

0:10 Kerry appealing to what voters see about Iraq on TV is much more effective, somehow, than Bush appealing to what he sees about Iraq on TV…

0:13 Bush saying he’s more optimistic than Kerry about Iraq: Effective rhetoric. Bush saying Kerry’s copying his plan: Not so effective rhetoric.

0:15 “I’ve made some decisions that have caused people not to understand the great values of our country.” What? Whose fault would that be? I mean, is that just because the great values of our country are really hard to understand?

0:17 True, people love America who don’t like America’s decisions. That’s why so many of them are hoping Kerry wins. But doesn’t acknowledging the difference between criticism and America-hating remove one of your justifications for ignoring the criticism?

0:18 Calling Bush on broken promises from 2000: Key. Keep at it. And combining that with the firing dissenters angle is a key move too.

0:19 “The military’s job is to win the war. The President’s job is to win the peace.” Amen. Stick it to him for claiming criticizing the policy demoralizes the troops.

0:21 “…Iraq, where there wasn’t a threat,” is probably a poor turn of phrase after repeating that you agreed there was a threat.

0:22 Nuclear proliferation in Russia – hammer on this one. And commititng to halt any kind of development of any kind of weapon during a Presidential campaign is, to Kerry’s credit, a more courageous move than some Democratic Presidential nominees have made.

0:23 So now being a partner to the world, according to Bush, means renouncing nuclear aspirations. Someone should tell that to, I dunno, maybe President Bush…

0:26 “We need to be lighter and quicker and more facile.” More facile? Well, Bush is doing all he can for that goal…

0:27 OK, Kerry, we get that you’ve got a lot of military support…

0:28 Reagan’s foreign policy? Come on.

0:28 George Bush sure does love Poland. Which is heartwarming, especially now that they’ve said they’re backing out.

0:29 Anne is really excited to be at this debate. And not to have been attacked by terrorists.

0:30 “What was it, 1993 or so?” Way to make the Democratic Party’s job harder.

0:31 Slam him on saying tax cuts for the rich are more important than security for everyone. Clobber him. Please. Yes. Keep going.

0:32 “We’re doing everything we can to defend the homeland.” Really?

0:32 “If Iraq were to fail it would be a haven for terrorists.” As supposed to now, when it’s a, well, a…

0:34 “…the tax cut for the middle class.” First-class chutzpah. Did you just say you’re only concerned about working Americans being targeted by terrorists?

0:36 If Bush is for generic drugs, does that mean he’ll be reforming his AIDS policy?

0:37 “The President just didn’t level with you right here again.” Yes. “…into the pockets of the drug companies, right out of your pockets.” Yes.

0:38 Somehow, one President who managed to erode Medicare isn’t an impressive comparison to one Senator who didn’t completely positively transform the Medicare system.

0:41 Is there really polling out there that says that the only Doctors women are concerned about are OB/GYNs? Cause these two sure make it sound like it.

0:42 Did you just call him Senator Kennedy? Much like confusing Saddam and Osama – is this a screw-up or a subliminal message? Or maybe my reception just isn’t so good.

0:43 If “defensive medicine” means being extra careful to stay within regulations, maybe there are worse things Doctors could do.

0:44 Compassionate conservatives: Neither compassionate nor conservative. Disucss.

0:45 “We have a deficit.” How in touch of you. But wait – it’s all Bill Clinton and Osama 0bin Laden’s fault.

0:46 Bush citing today’s economic report? I come from the school of thought that calls that chutzpah (also the one that says if you want to increase demand by giving people money, it has to be the folks who are low-income enough to change consumption habits based on the extra money).

0:48 Kerry channels Robert Reich’s argument that real patriotism requires sacrifice. Or rather, he dances around it. So close…

0:50 Kerry calls Bush on the broken promise of $5 million jobs. And Enron. Nice.

0:51 Kerry’s long stare at the camera to promise never to raise taxes on folks making $199,000 a year, even if necessary to get healthcare for those making a hell of a lot less, is anything but comforting to me. And, I suspect, to a bunch of the low-income folks I registered this summer to vote.

0:54 Has Bush read the jobs report he’s citing?

0:55 Funny thing is, actually he did, by statistical fluke, get named the most liberal Senator because he missed so many votes.

0:56 Bush is actually citing the “Clear Skies Act” as if it helped, you know, clear skies. And now the “Healthy Forests Bill”! He should be slammed for this in, say, 30 seconds.

0:58 Instead, Kerry’s touting how many Republican/Clintonian things he voted for. Oy. Now he’s slamming him though. Somewhat.

0:59 “The halls of Europe”? Wonder what those look like.

1:01 “How can the US be competitive in manufacturing and maintain our standard of living?” “A reviewed, muscular, transnational labor movement.” Sorry – just fantasizing.

1:04 If anyone doubted that Bush’s plan is for the US to compete with third world dictatorships for deregulation and exploitation of labor, well, why did you ever doubt that?

1:05 I’d say “That’s news to me” is one of those expressions Bush should be careful about using, joke or not – it’s a little close to home.

1:06 I really, really wish that we had a Democratic candidate who could do more to comfort the man who’s worried about his rights being watered down than the incumbent is doing right now.

1:09 Well, this is a somewhat better answer on the PATRIOT ACT than we got from Kerry at the beginning. And good call on not letting terrorists re-write the constitution. But when you mention Dick Durbin, my main thought is, “Shouldn’t he (or, say, Barack Obama) be running for President?”

1:11 “Parapeligic” shouldn’t be such a hard word for Kerry to say. But framing the research as a sign of respect for life is a good, George-Lakoff-approved move.

1:13 “Science is important, but so is ethics.” Since when is that the choice?

1:16 If by “allowing personal opinion to enter into constitutional process,” you mean allowing the constitution to enter into the constitutional process, then yes?

1:17 Dred Scott? Newdow is our generation’s Dred Scott? Screw you. And sorry to break it to you, Mr. President, but the mid-nineteenth century constitution wasn’t exactly ideal when it comes to equal rights for African-Americans. Nice to hear Bush doesn’t actually think property rights always have to trump human liberty though.

1:20 Good that Kerry’s tying abortion to class and to international family planning. Don’t particularly need him or his wife counseling me out of abortion.

1:21 If by “reduce the number of abortions in America,” you mean reduce access to safe and legal abortion, then yeah.

1:23 When Kerry explains the problem with Bush’s argument, and Bush responds by saying it’s actually simple and not responding to the criticism, I wouldn’t say straight-shooter is the term that comes to mind.

1:24 Is Bush’s biggest mistake an appointment he made?

1:25 So now, contra Cheney, there may have been little military mistakes made – they’re just not that important.

1:26 And it was apparently a mistake to appoint people principled enough to call him out on his mistakes.

1:27 Ah, the $87 billion. How we’ve missed hearing about it.

1:28 “He wants you kids to pay for it. I wanted us to pay for it.” True that.

1:29 Please don’t screw this up, John.

1:31 Well, no memorable sound bytes in that one for us or for them. And “respected at home and stronger in the world” still makes me groan. But optimism is recommendable.

1:33 Nothing so memorable from Bush’s closing either. Fitting, maybe, for a debate which had fewer “moments” than the two before or, likely, than the last one next week. My immediate reaction is that Bush failed to halt Kerry’s momentum going in. Bush was certainly much, much better than the last time – meaning he wasn’t a train wreck. But Kerry did more to respond to his opponent’s arguments, and to the audience’s questions, than Bush, and did so more effectively. Still, he missed a good share of opportunities – or dropped them half-way. And my last question before signing off would have to be: Right now, walking off the stage, is this the first time in the campaign that Bush is walking into a crowd he couldn’t vet first?

A couple thoughts about the State of the Union Address:

Glad to see so many Democrats clapping when Bush announced that the PATRIOT Act was set to expire next year and before he had called for it to be renewed. Nice to see glimmers of resistance from the Dems – maybe this time they’ll vote against the damn thing.

Have to say I’m not quite sure what Bush meant by “weapons of mass destruction-related program activities” – but I guess that’s the idea. Were the Iraqis hosting academic conferences about WMD?

If Bush believes that alluding to a constitutional marriage denying homosexual couples the right to marriage without explicitly calling for it with mollify both the “religious right” and the “soccer moms,” he’s got another think coming.

Giving gay couples the same legal protections as heterosexual ones? Not, contrary to conservative dogma, “special rights.” Giving religious groups a free pass to ignore anti-discrimination law and still receive federal funding on account of being religious? There are your special rights.

Howard Dean’s primal scream Monday night I think we can agree didn’t make him new friends. But how many people actually found the Daschle-Pelosi fireside chat to be a more effective response to a speech that was a paen to the radical right?

The Center for American Progress offers some line-by-line parshanut (commentary).