Tuesday, April 28, 2009

Rush Limbaugh blamed for swine flu outbreak


My caption: "I'm so effing high right now ..."

Update: Digby has a more professional rejoinder ...

If you are a conservative you can't believe that something like an epidemic or a pandemic could even exist or you would have to grant that the necessity for public health is a government function. Indeed, you even have to grant that a pandemic requires that people are going to be forced to behave in ways that explicitly define their own personal survival with the common good.

Rush is right to be a little bit nervous about this, though. Public health crises tend to focus the public on the usefulness of things like science, international cooperation, government coordination. You know, the sort of thing that liberals think are necessary. Something like that simply doesn't fit into the conservative worldview. They see all problems and challenges in schoolyard terms of good guys and bad guys. This kind of challenge (like global warming) falls outside the paradigm by which they organize their world. Pandemics, like hurricanes, can't be dealt with by using tough talk and threats.

Monday, April 27, 2009

Two noteworthy hearings in the Lege today

The first is "Killer" Keller's impeachment inquiry. From Trailblazers via Grits:

Sharon Keller, the chief justice of the Texas Court of Criminal Appeals, could soon face impeachment proceedings - there's a resolution under review by the House Judiciary and Civil Jurisprudence Committee to consider impeachment for "gross negligence of duty ... with willful disregard for human life." Keller's court hears appeals in capitol murder cases, and she refused to keep her office open past 5 p.m. to accept an appeals filing hours before an execution in 2007. The committee hearing begins upon final adjournment of the House.

The second is our blogger bill. Vince has the details:

On Monday, the Texas House Judiciary and Civil Jurisprudence Committee will hold a public hearing on a bill which will give Texas bloggers and citizen journalists some much-needed protections under Texas law.

The committee will take public testimony on House Bill 4237 by State Rep. Aaron Pena (D-Edinburg).

This bill gives bloggers and citizen journalists the same protections that the mainstream media has when it comes to covering matters of "public concern," such as legislative proceedings, school board meetings, and the actions of state officials.

Under current law, commonly known as the "Privileged Matters Clause" of the Texas Civil Practices & Remedies Code (Sec. 73.002), coverage by the mainstream media of matters of "public concern" such as those listed above cannot be used as grounds for a libel action.

Texas bloggers and citizen journalists, however, do not have similar protections. In theory, if a politician or officeholder wanted to cause a blog a great deal of problems, he or she could file a libel or slander lawsuit over writings discussing a matter of "public concern." It would then be up to the court system--after, no doubt, significant expense for the blogger or citizen journalist--to determine whether or not the "Privileged Matters Clause" applies to bloggers.

Texas bloggers have been fortunate in that no one has been forced to be a test case for this yet. Rep. Pena's bill ensures that no Texas blogger or citizen journalist ever will. It gives us the same protections as the mainstream media in this regard.

Texas bloggers and citizen journalists have pushed for "Privileged Matters" protection since 2006.

The fight for "Privileged Matters" protection was triggered after State Rep. Vicki Truitt (R-Keller) filed HB 129 in late 2006. Truitt's bill was a broadly-worded bill which would have essentially subjected every blog and citizen journalist in Texas to frivolous lawsuits.

Truitt said the bill was designed to allow people legal recourse if someone knowingly publishes information about them online that could lead to identity theft.

However, her bill was poorly drafted and opened bloggers and citizen journalists to frivolous lawsuits.

Truitt ultimately pulled the bill after Republican and Democratic bloggers (as well as party-neutral bloggers) raised outcry significant enough for the mainstream media to notice.

After Truitt announced she had screwed up on the bill, the Fort Worth Star-Telegram editorialized that bloggers and citizen journalists needed "Privileged Matters" protections, which I first wrote about a couple of days after Truitt's bill was filed:

The law specifically protects "a newspaper or other periodical" from being sued for libel when reporting on things that happen in a court of law, the proceedings of a government body or meetings dealing with public issues.

The protection also extends to "reasonable and fair comment on or criticism of an official act of a public official or other matter of public concern for general information."

One way to look at it is that the Star-Telegram is specifically protected by state law when it criticizes Truitt for her official acts, but Internet bloggers are not. That's not good.

We're both doing the same thing, and we both deserve the same protection for fair reporting and comment.

During the days before the 2007 session, with the controversy over the election for House Speaker and other concerns, it was difficult to find legislators willing to introduce legislation to give bloggers and citizen journalists "Privileged Matters" protections, and the issue was ultimately laid to rest after Truitt pulled her bill with the intent of trying again for the legislation this session.

This session, State Rep. Aaron Pena (D-Edinburg) was asked to carry the legislation and agreed to do so. Pena is himself a blogger and understands the technology and the legal issues at play for bloggers.


If you are in Austin today, make your voice heard.

Update
: Muse has a Twitter feed posted.

The Weekly Wrangle

Another Monday, and time for the Texas Progressive Alliance's weekly blog round up.

The Senate this past week passed a bill to reform the state's unemployment insurance laws in a way that would allow us to accept up to $600 million in stimulus funds, despite Governor Perry's resistance. Off the Kuff has the details.

YaGottaLoveIt of South Texas Chisme says a voter ID bill is needed to eliminate ghost voting in the Texas House of Representatives. Why don't the Republicans try it out there first?

Neil at Texas Liberal offers up information on swine flu and provides tips on proper handwashing.

AAA-Fund Blog has audio from the recent national call with Ramey Ko and Hubert Vo about voting rights in Texas and around the nation.

WCNews at Eye On Williamson has the latest on transportation issues in the lege: This week's transportation action in the legislature.

This week McBlogger took some time out his busy schedule to do something unusual -- criticize someone. Specifically Karl Rove who thinks teabaggin' is just awesome and the beginning of the Republican Party's return to electoral relevance. McBlogger, as you can imagine, has a different opinion.

John Culberson nosed out Joe Barton for the first "Douchebag of the Week" award presented by Brains and Eggs. It was a close contest with Newt Gingrich, Dick Cheney, and the Texas House Republicans all competing fiercely for the coveted prize. Better luck next week, jerks.

BossKitty at TruthHugger sees big problems addressing the pandemic hysteria because workers cannot risk staying home sick. Because health insurance has become such an exclusive club any medical emergency, like a contagious outbreak, can become a pandemic crisis. FLU PANDEMIC - Stay Home or Go To Work Sick?

Todd Hill at Burnt Orange Report writes about how John Cornyn admits that the KBH seat is winnable for Democrats. This revelation from Big Bad John comes after we learn that Bill White and John Sharp had the largest 1Q fundraising totals for any non-incumbent Senate candidate in the country.

Over at TexasKaos, Libby Shaw gathers the shameful record of Republican buffoonery into a sad and funny report he calls " Texas Republican Jackasses Continue to Bring Shame to Texas ". You don't want to miss this one. With videos!

Vince at Capitol Annex notes that Congressman Joe Barton (R-Ennis) got dissed by Al Gore on global warming.

Sunday, April 26, 2009

Culberson edges Barton for "Douchebag of the Week"

By virtue of continuing the secessionist crazy talk, my very own Congressbum John Culberson is awarded the inaugural "Douchebag of the Week".



He edged out his butthole buddy Joe Barton, who took a peculiar and smug satisfaction in asking Energy Secretary David Chu -- a Nobel laureate -- "where the oil in Alaska came from", apparently to make a completely obtuse point about global warming.



Yes, it was a very close contest, but Cumbersome earned the victory solely on the basis of having home field advantage.

That "five states" business is hypothesized in detail by Nate Silver of FiveThirtyEight.com. Here's his map:



Now I see El Norte electing two Democratic Senators, as well as one each from Gulfland and New Texas, a scenario that would leave the same 60-40 split that currently exists provide a net gain of two more Republicans in the US Senate. That must be the "six rock-ribbed conservatives" he refers to.

But I'm trying to apply some rationale to an ultraconservative fantasy, which is surely a fool's errand. So I will stop that.

Congratulations, Mr. Culberson. Can you make it two championships in row, like the Green Bay Packers?

Sunday Funnies