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May 25, 2012
Mark Clayton: Is Hillary's State Dept. hacking Al Qaeda? Not quite
Erika Bolstad: Temple cancels Wasserman Schultz speech
The Kosher Gourmet by Ethel G. Hofman: The former president of the International Association of Culinary Professionals, whose members included the likes of Julia Child, is back with contemporary Shavous cuisine: Ruby Fruit Soup, Sweet Noodle Kugel with Cheese, Key Lime Curd, Calsone Casserole Frittata with Wild Mushrooms, Sun-dried tomatoes and Olives, Baked Tilapia with Pepper Cheese Cream and Brown Sugar Shortbread
May 24, 2012
Jeff Jacoby: The peace process battered Israel's reputation
Michael Muskal: 'Pro-choice' position hits record low, according to poll
Chris Farrell: Are We in a Tech Bubble?
The Kosher Gourmet by Penelope Wall: PHILLY CHEESE STEAKS --- hold the steak!
May 23, 2012
Tony Pugh: More private colleges offering tuition discounts
Mary Beth Franklin: How to Choose the Right Annuity for You
Tina Susman: The wig wasn't enough: Man gets 13 years for posing as his dead mom
The Kosher Gourmet by Emma Christensen:A simple way to do fish right
May 22, 2012
Warren Richey: Can US group challenge overseas surveillance act? Supreme Court to decide
Thomas M. Anderson: Walking Away From a Mortgage
The Kosher Gourmet by Megan Gordon: Enjoy a celebration of the most rich and layered flavors: Black bean, sweet potato and quinoa chili
May 21, 2012
Mark Clayton: Cybersecurity: How US utilities passed up chance to protect their networks
Howard LaFranchi: NATO summit: Who will foot the bill for long-term Afghanistan security?
Chris Farrell : Earn Dividends in Emerging Markets with This WisdomTree ETF
Stephen Whiteside, Ph.D. : Mayo Clinic Medical Edge: Social anxiety disorder --- or just shy?
Guy Jackson : Victim's father regrets death of Lockerbie bomber
The Kosher Gourmet by Mario Batali: Famed chef's veal shoulder farsumagru: A festive meat course for late spring
May 18, 2012
Rabbi Berel Wein: Striving: The People of the Book's Book for (All of) the People
Steven Goldberg: 5 Great Stock Picks and the Exchange-Traded Fund that Owns Them
Mary Pickett, M.D.: Ask the Harvard Experts: Don't be forced into gluten-free lifestyle based merely on a doctor's false-positive test
The Kosher Gourmet by Carolyn Malcoun: DIY healthy lunchbox treats: HOMEMADE FRUIT BARS for kids and brown-bagging adults alike
May 17, 2012
Warren Richey: Teacher fired for being unwed and pregnant can sue religious school, court rules
Josh Mitnick: Netanyahu's 'centrist' coalition is already proving it's anything but
Steven Goldberg: Earn Dividends in Emerging Markets with This WisdomTree ETF
Amina Khan: Research links coffee to lower death rates
The Kosher Gourmet by Faith Duran : Cheesy Potato Breakfast Casserole with Cheddar and Sun-Dried Tomatoes
May 16, 2012
Carmen Terzic, M.D., Ph.D. : Mayo Clinic Medical Edge: A variety of exercises can help improve balance
Melissa Healy: National strategy on Alzheimer's disease aims to halt it by 2025
The Kosher Gourmet by Joyce White : GOODNESS GRACIOUS: GREENS! 4 winning recipes that are no longer just for down-home folks (Includes expert tips & techniques)
May 15, 2012
Kristen Chick: Obama administration resumes arms sales to Bahrain despite serious unresolved human rights issues. Activists feel abandoned
Pat Mertz Esswein: Homes are now affordable again and mortgage rates are low. What you need to know before you buy
Kathy Kristof: Our Practical Investor Fights Inflation with These 6 Investments
Sue Hubbard, M.D.: The Kid's Doctor: Lactose intolerant young child? Check again
The Kosher Gourmet by Kathy Hunt: Spread a Little Excitement with EXOTIC CONDIMENTS (4 RECIPES)
May 14, 2012
Lisa Gerstner: How to Protect Your Identity, Finances If You Lose Your Phone
Harvard Health Letters: Heart disease and dementia
The Kosher Gourmet by Megan Gordon: MANGO COCONUT OAT MORNING MUFFINS are a bright but hearty delight
May 11, 2012
Jessica L. Anderson: Get the Best Deal on a Used Car
Jett Stone: Forget face-lifts and fake knees. Scientists have seen the fountain of youth --- and it's broccoli
The Kosher Gourmet by Chef Mario Batali: The famed chef's vegetable dish that tastes true to the season: FAVAS AND SUGAR SNAP PEAS WITH POTATOES AND TARRAGON
May 10, 2012
Sergei L. Loiko: Putin sends warning to U.S., NATO in Victory Day speech at Red Square
Mary Rourke: How being a 'mentch' got Vidal Sasoon his start and fighting in Israel's War of Independence provided him with confidence and a strong sense of his own identity
Jeff Bertolucci: Get Home Phone Service for Less Than $10 a Month
The Kosher Gourmet by Betty Rosbottom: Gleaming with its golden, crimson, and snowy white hues, this silken smooth and creamy STRAWBERRY ORANGE TRIFLE looks impressive, but is easy to prepare
May 9, 2012
Sharon Palmer, R.D. How you can reduce your risk -- or delay -- chronic diseases associated with aging
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Jewish World Review
Nov 13, 2011
/ 16 Mar-Cheshvan, 5772
Who gets to judge political truth?
By
George Will
http://www.JewishWorldReview.com |
The Stolen Valor Act of 2005, a compound of political pandering and moral exhibitionism, was whooped through the Senate, a.k.a. the “world’s greatest deliberative body,” by unanimous consent; the House, joining the stampede, passed it by a voice vote. So Xavier Alvarez now hopes the Supreme Court will save him from punishment for lying. And his is not the only case arising from government supervising speech that is demonstrably, or arguably, inaccurate.
The Stolen Valor Act allows fines and imprisonment for anyone who falsely claims to have been awarded any military decoration or medal authorized by Congress, with the severest sentences for claiming the highest honors. Alvarez, having won a seat on a California water district board of directors, introduced himself to other members by saying: “I’m a retired Marine of 25 years. I retired in the year 2001. Back in 1987, I was awarded the Congressional Medal of Honor. I got wounded many times by the same guy.” All this was rubbish. Leaving aside the question of how exactly Alvarez’s shabby behavior stole any hero’s valor, the constitutional question remains: Is the Stolen Valor Act compatible with the First Amendment, which the Supreme Court has held does not protect only truthful speech? The 9th Circuit Court of Appeals says no. And the Supreme Court has held that “constitutional protection does not turn upon the truth, popularity or social utility of the ideas and beliefs which are offered.” Given that some false statements are constitutionally protected, which kinds are not? Defamatory statements are not, if they are made with a culpable state of mind and if they injure another person. When Justice Elena Kagan was a law professor, she noted “the near absolute protection given to false but nondefamatory statements of fact outside the commercial realm.” But Alvarez defamed no one, and it is unclear how his fabrications about himself caused America’s armed forces reputational harm. Furthermore, his lies did not fit any of the other four traditional categories of unprotected speech — obscenity, fraud, incitement, or speech integral to criminal conduct.
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Another problematic case is percolating in Ohio, where the government can fine or imprison candidates or other participants in the political process who violate the state’s “false statement” law, which says: No person shall “make a false statement concerning the voting record of a candidate or public official” or “disseminate a false statement concerning a candidate, either knowing the same to be false or with reckless disregard of whether it was false or not,” if the statement is intended to influence an election. Former congressman Steve Driehaus, a Cincinnati Democrat who considers himself pro-life, says he lost his 2010 reelection bid because the pro-life Susan B. Anthony List, through its political action committee, ran ads saying — falsely, Driehaus insists — that when he voted for President Obama’s health-care legislation, he voted for taxpayer funding of abortion. Ohio’s law had a chilling effect on political speech when a billboard company, aware of Driehaus’s complaints, refused the SBA List’s business. The list did, however, run radio ads against Driehaus. A judge has ruled that Dreihaus’s suit against the SBA List, charging “substantial economic and reputational harm” due to defamation, can go to trial. The group is challenging the constitutionality of the false-statement law. Until the eve of the House vote on the health-care legislation, Driehaus and about a dozen other antiabortion Democrats vowed to oppose the health care bill unless abortion language was changed. It was not, so the president, trying to provide cover for those Democrats, agreed to issue an executive order purportedly limiting the funding of abortions under the legislation. But the president of Planned Parenthood, the nation’s largest abortion provider, contentedly dismissed the order as merely “a symbolic gesture.” The National Right to Life Committee, the U.S. Conference of Catholic Bishops and other pro-life forces grimly agreed. Now, suppose Driehaus and the right-to-life groups are equally sincere in their opposite interpretations of what the health-care law permits or requires regarding public funding of abortion. Should an Ohio government panel composed of political appointees be empowered to determine that the Susan B. Anthony List’s contention was intentionally or recklessly false? For weeks before the election, voters heard Driehaus’s dispute with the Susan B. Anthony List, then voted against him. Isn’t that how political arguments should be settled? Or did voters, to the extent that they expressed support for the list’s interpretation of the facts of the health-care law, somehow violate the false-statement law?
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