Category: civil liberties

Down syndrome – a footnote

Pedro Almodóvar

Pedro Almodóvar

Last Thursday, the Cape Breton Island Film Series showed Pedro Almodóvar’s Broken Embraces, which Roger Ebert describes as, “a voluptuary of a film, drunk on primary colors, caressing Penelope Cruz, using the devices of a Hitchcock to distract us with surfaces while the sinister uncoils beneath.” It’s a lush, layered melodrama, with lots of surprises hidden among its folds, including this utterly unexpected footnote to Contrarian’s conversation about whether medical science should try to “cure” Down syndrome.

The central character, Harry Caine (Lluís Homar), is a movie director who turns to script-writing after a brutal car accident leaves him blind. Early in the movie, Harry’s devoted agent, Judit García (Blanca Portillo), urges him to get started on a new screenplay. Mindful of Harry’s fragile finances, she suggests “something with fantasy or terror for kiddies is what it sells best.”

Harry: I thought of doing a story inspired by Arthur Miller’s son.

Arthur Miller

Arthur Miller

Judit: The writer who married Marilyn?

Harry: Yes. After Marilyn, he married the photojournalist Inge Morat, and they had a son. The kid was born with Down Syndrome, and Arthur Miller hid it. He doesn’t even mention him in his mémoires, and never wanted to see him. Despite his wife’s pleading, he never wanted to see him.

Judit: How terrible!

Harry: But one day they met by chance. Arthur Miller was speaking at a conference in defense of a mentally handicapped person who had been sentenced to death after a forced confession. Seated in the audience was his son with Down Syndrome. After the speech, the son went to the podium and hugged his father effusively. Arthur Miller had no idea how to shake off this unknown man until the man released him and said:

“I’m your son, Daniel. I’m so proud of you Papa.”

Although the scene prefigures the importance of father-son relationships in Broken Embraces, the movie never mentions the Millers again.

Lluís Homar

Lluís Homar

Arthur Miller, who died in 2005, is not only one of  America’s greatest playwrights, but also the unofficial tribune of the Left—a celebrated humanitarian who courageously stood up to the anti-Communist fear-mongering of the 1950s. Growing up in a liberal New England family of that era, Contrarian was raised on The Crucible, Miller’s play about the Salem witch hunt, a thinly disguised allegory about McCarthyism.

The exchange between Judit and Harry left me stunned, and wondering how much of it is true?

Virtually all of it, it seems, up to and including Daniel’s surprise embrace of his father at a September, 1995, conference on false confessions in Hartford, Connecticut, where Miller spoke in support of Richard Lapointe, a mentally challenged man who, his supporters contend, was falsely convicted of murder and sentenced to die. Vanity Fair broke the story in this 2007 exposé.

I’m still gobsmacked. Right-wing bloggers have had a great sport proclaiming that they always knew Miller was a no-good hypocrite. Their left-wing counterparts have been at pains to point out that, in 1966, when Danny was born, institutionalizing infants with Down Syndrome was still the norm, and the course advised by most doctors  (though increasingly ignored by mothers like Morat, who wanted to raise Danny at home, but bowed to the great writer’s wishes).

Now in his 40s, Danny is said to be doing well, holding down a job, and living quite independently. Apparently at the urging of his son-in-law, the actor Daniel Day-Lewis, Arthur Miller saw his son more often in the last decade of his life. Six weeks before he died, the playwright added a codicil to his will granting all four of his children an equal share of his estate.

While we can take some comfort in the fact that Down’s syndrome infants are no longer bundled off to institutions, our pleasure should be tempered by the knowledge that Richard Lapointe, the handicapped convict championed by Miller, is still seeking justice. His re-trial resumes in May.

Perhaps most important, Miller’s ignorance and shame should not obscure the equally dramatic story of Danny’s capacity for love and forgiveness. Let’s hope no one finds a cure for that.

False positive – II

A few weeks ago, a swab test of Contrarian’s laptop at Stanfield International Airport registered traces of nitroglycerin, leading to an additional interview and a 95% thorough physical pat-down. Details here.

The Canadian Air Traffic Safety Agency (CATSA) has apologized in writing to a Winnipeg-based human-rights activist for a similar incident. A swab test of Ali Saeed’s hands – not his laptop – turned up traces of trinitrotoluene, or TNT. After questioning, Saeed was permitted to board his flight for Denver. His return flight was uneventful.

Regular readers will know that Contrarian detests many aspects of airport security. Recent air travel through South America — where officials do not obsess over the amount of mouthwash among your toiletries, passengers carry pop bottles aboard unchallenged, and metal detectors do not have such hair-triggers that the rivets on your Levis set them off — reinforced my view that Canada has been unnecessarily craven in adopting idiotic US screening standards.

But random checks for explosives strike me as one of the few CATSA protocols that actually carries some protective value. In my case, the secondary screening was carried out professionally and politely, and the CATSA supervisor summoned to deal with the situation explained the nature of the alarm and what might have triggered it. I have no complaint about the incident.

So why did CATSA apologize to Ali Saeed? Because officials broke protocol by telling him about their findings.

CATSA’s procedures stipulate that screening officers must not discuss an … alarm with passengers… We are sorry that this is not what occurred. We extend our sincere apologies for the screening officers’ actions and the stress it caused you.

In my case, being told what the swab test turned up and what common household chemicals (hand cream, heart medication, household cleaners) might have triggered the false positive, helped persuade me that the episode, while not fun, was reasonable and appropriate.

So it seems to me CATSA has apologized to Saeed for something it did right, and by implication, promises not to do right again.

Odd couple: AllNovaScotia & John Morgan

What’s up with AllNovaScotia’s curious blind spot for Cape Breton Regional Municipality Mayor John Morgan?

Like many others, AllNS’s editorialists took umbrage when the Nova Scotia Barristers’ Society charged lawyer Morgan with professional misconduct for accusing Supreme Justice John Murphy, and Nova Scotia judges in general, of political bias in the performance of their duties. An AllNS editorial argued that it was dangerous and wrong to muzzle political speech by a politician who also happens to be a lawyer. So far, so reasonable.

The odd thing is that the usually reliable news service seems to be letting its editorial passion slop over into its news columns. AllNS news stories have persistently misrepresented the comments that got Morgan in trouble. Instead of quoting or characterizing Morgan’s original words, AllNS quotes only the sanitized version Morgan came up with after he got in hot water.

The background is here, but in short, Morgan pretends he merely said Nova Scotia judges were not tree-shakers; in reality, he went on for paragraphs alleging political bias by the judge who first rejected his grandstanding constitutional claim for higher equalization payments — a lawsuit that was ultimately rejected by every judge who reviewed it, up to and including the Supreme Court of Canada.

Read more »

False positive

An apparently random swab test of Contrarian’s new MacBook Pro at the Stanfield International Airport screening area this morning detected traces of nitroglycerin.

laptopThe CATSA agent who conducted the test summoned a supervisor who explained, pleasantly, that the machine had triggered an alarm. She proceeded to check my identification and ask a series of questions about medication, chemicals, and hand creams. My negative answers turned up no obvious source of nitro, resulting in a further swab test of my iPhone, a complete physical check of every item in my carry-on bag, and a rigorous, 90% pat-down.*

In all, my case drew upon the efforts of four CATSA agents, whose demeanor ranged from polite to cheerful. After half an hour, CATSA deemed Contrarian fit to fly.

Regular readers will know that I am no fan of airport security theatre. While I found this rigorous screening unpleasant, my initial reaction is that secondary, intensive screening following a positive indication for nitroglycerin probably falls into the small subset of CATSA protocols that actually make planes safer.

I am baffled as to what triggered the false positive result. The screen cleaning wipes I bought recently? A certain person’s hand cream? The pleasant supervisor said traces of nitro can be persistent, so I now wonder if I should allow an extra half hour for the flight home.

*The pat-down was 90% in the sense that it would not have caught the Christmas Day bomber, if you catch my drift.

The folly of security theatre

I’m late getting to this, but Washington Post columnist Fareed Zakaria captured the fundamental fallacy of Washington’s reaction to the Christmas Day [un-]Bomber.

The purpose of terrorism is to provoke an overreaction. Its real aim is not to kill the hundreds of people directly targeted but to sow fear in the rest of the population. Terrorism is an unusual military tactic in that it depends on the response of the onlookers. If we are not terrorized, then the attack didn’t work. Alas, this one worked very well.

Hat tip: Cameron Bode, Excerpticize.

Security theatre: an asylum for authoritarian nuttiness

Last Saturday, 57-year-old Jules Paul Bouloute, got off a flight from Haiti to New York. While attempting to find his way out of  Kennedy Airport’s American Airlines Terminal, he accidentally opened an emergency exit door and set off an alarm.

Jules Paul Bouloute

Jules Paul Bouloute

This has happened to most of  us. In confusion, inattention, or an ill-considered attempt to find a shortcut, we open a restricted door and set off an alarm. Sometimes it leads to an embarrassed chat with the on-duty Commissionaire; sometimes there are no consequences at all.

In Bouloute’s case, however, security officials evacuated Terminal 8 for more than two hours. Police scoured the building with dogs and SWAT teams, and required hapless passengers to go through security theatre screening a second time. Arrivals were stuck on the tarmac; departures delayed for hours.

As for Bouloute, he was charged with first-degree criminal tampering and third-degree criminal trespass, and he faces up to seven years in prison.

Salon columnist Patrick Smith, an airline pilot, analyzes the consequences:

[W]hat shocks me the most is that throughout all the coverage of the incident, including numerous interviews with ticked-off passengers and somber-voiced officials, not once has anybody raised the point that maybe — just maybe — we overreacted. Everyone, instead, is eager to blame Bouloute.

“As a result of the defendant’s actions, thousands of people were required to evacuate and to be rescreened by TSA, causing substantial delays in the airlines’ schedules,” District Attorney Richard Browne said in a statement.

No, I’m sorry, Mr. District Attorney, but that’s not it. What caused the delays and what hassled so many travelers was not the defendant’s actions, but our mindless and hysterical response to them.

Smith goes on to recite the interesting history of air terrorism, and details how a country that once took real terrorist attacks in stride became a “nation of scaredy-cats.” He cites other recent examples of ludicrous overreaction, and urges us all to calm down.

Calming down will not make us “less safe,” as security zealots are wont to argue. Quite the opposite, it would free up time and resources, allowing us to focus on more credible and potent problems.

The whole piece is well worth a read.

Visual data: The words China censors

In response to Google’s dramatic announcement that it is reconsidering its presence in China  after a series of disquieting acts of censorship and sabatage, the Information is Beautiful website produced this clever graphic of word searches and websites blocked in China:

Words China censors-c

Incidentally, China hand James Fallows, whose Atlantic Magazine blog has interesting and measured posts on the Google announcement here and here, tells me that publishing a list of the banned words is itself a crime in China.

Welcome New York Times Motherlode readers

For those who have followed the debate over potential treatments for Down syndrome in the New York Times parenting blog Motherlode to its source here on Contrarian, I have assembled a series of links you might want to follow.

Our discussion of this issue began with this post back in November. Jenn Power elaborated on her concerns here, and Dr. Ahmad Salehi, the Stanford researcher whose work touched off the discussion, responded thoughtfully here. Jenn’s husband Silas Barss Donham, my son, weighed in here.

Other reader commented here, here, and here.

Jenn is the community leader of L’Arche Cape Breton in Iron Mines, Nova Scotia, a community for “people with developmental disabilities and those who choose to share life with them.” It’s one of about 130 L’Arche communities around the world founded by the acclaimed humanitarian and philosopher Jean Vanier. A few links:

You may have gathered that I’m very proud of my daughter-in-law. It was distressing to see so many Motherlode commenters leap to the conclusion that, because Jenn recoiled at the prospect of chemical treatment for her sons’ intellectual impairment, she must be selfish or patronizing. In fact, Jenn is one of the least selfish, most compassionate and giving people I know. My own post on Motherlode elaborates on her admirable work.

Thoughts on the thwarted Christmas Day airplane bombing

A week after the attempted Christmas Day bombing of a Northwest Airlines fight, two polar-opposite American columnists — one left, one right — have come to nearly identical conclusions about the essential danger posed by airline security restrictions.

From the right, a New Year’s Day column by the New York Times’s David Brooks decried a citizenry that “expect[s] perfection from government and then throw[s] temper tantrums when it is not achieved.”

[T]he Transportation Security Administration has to be seen doing something, so it added another layer to its stage play, “Security Theater” — more baggage regulations, more in-flight restrictions.

At some point, it’s worth pointing out that it wasn’t the centralized system that stopped terrorism in this instance. As with the shoe bomber, as with the plane that went down in Shanksville, Pa., it was decentralized citizen action. The plot was foiled by nonexpert civilians who had the advantage of the concrete information right in front of them — and the spirit to take the initiative.

For better or worse, over the past 50 years we have concentrated authority in centralized agencies and reduced the role of decentralized citizen action. We’ve done this in many spheres of life. Maybe that’s wise, maybe it’s not. But we shouldn’t imagine that these centralized institutions are going to work perfectly or even well most of the time. It would be nice if we reacted to their inevitable failures not with rabid denunciation and cynicism, but with a little resiliency, an awareness that human systems fail and bad things will happen and we don’t have to lose our heads every time they do.

From the left, Salon’s Glenn Greenwald applauds Brooks and carries the point further:

Fear is the foundation of most governments; but it is so sordid and brutal a passion, and renders men in whose breasts it predominates so stupid and miserable, that Americans will not be likely to approve of any political institution which is founded on it. The 5-year-old laying awake in bed, frightened by monsters in the closet, who then crawls into his parents’ bed to feel Protected and Safe, is the same as a citizenry planted in front of the television, petrified by endless imagery of scary Muslim monsters, who then collectively crawl to Government and demand that they take more power and control in order to keep them Protected and Safe

[D]emands that political leaders ensure that we can live in womb-like Absolute Safety are delusional and destructive.  Yet this is what the citizenry screams out every time something threatening happens:  please, take more of our privacy away; monitor more of our communications; ban more of us from flying; engage in rituals to create the illusion of Strength; imprison more people without charges; take more and more control and power so you can Keep Us Safe…

A citizenry drowning in fear and fixated on Safety to the exclusion of other competing values can only be degraded and depraved.

Ironically, as Greenwald points out, the American Revolution was founded on precisely the opposite mindset. He quotes John Adams’s 1776 essay, Thoughts on Government:

Fear is the foundation of most governments; but it is so sordid and brutal a passion, and renders men in whose breasts it predominates so stupid and miserable, that Americans will not be likely to approve of any political institution which is founded on it.

Greenwald goes on to describe in detail the news media’s fear-mongering role in all this. Well worth a read.

Predictably, America’s bloated security apparatus responded to the latest bombing attempt (which was thwarted not by security precautions but by quick-witted passengers) by adding yet more bloat in the form of bans carry-on bags and a requirement that passengers stay in their seats with nothing in their laps for the last hour of every inbound US flight. Thus travelers fall victim to a false syllogism Conservative Bryan Caplan once described this way:

  1. Something must be done.
  2. This is something.
  3. Therefore, this must be done.

All this comes as vindication to the sharpest critics of security precautions imposed after 9/11. Bruce Schneier has long argued that “only two things have made flying safer: the reinforcement of cockpit doors, and the fact that passengers know now to resist hijackers.”

I’ve started to call the bizarre new TSA rules “magical thinking”: if we somehow protect against the specific tactic of the previous terrorist, we make ourselves safe from the next terrorist….

And what sort of magical thinking is behind the rumored TSA rule about keeping passengers seated during the last hour of flight? Do we really think the terrorist won’t think of blowing up their improvised explosive devices during the first hour of flight?….

Only one carry on? No electronics for the first hour of flight? I wish that, just once, some terrorist would try something that you can only foil by upgrading the passengers to first class and giving them free drinks.

To those who think the solution lies in the Israelification of American airport security, Schneier responds:

I don’t think it’s possible.  The Israelis rely on a system of individual attention — interviews, background checks, and so on — that simply can’t be replicated on the scale required for America.  If anything, we’re moving in the opposite direction: layers of annoying, time consuming, ineffectual, static — but automatic and scalable — security systems.  Although it seems that we’re finally hitting the limit as to what the American business travel will put up with, and no security measure will survive wholesale rejection by the airlines’ most profitable customers.

In the best of many post-failed-bombing interviews with Schneier, the Atlantic’s Jeffrey Goldberg asked whether another airplane will inevitably be blown up.

The fact that we even ask this question illustrates something fundamentally wrong with how our society deals with risk.  Of course 100% security is impossible; it has always been impossible and always will be.  We’ll never get the murder, burglary, or terrorism rate down to zero; 42,000 people will die each year in car crashes in the U.S. for the foreseeable future; life itself will always include risk.  But that’s okay.  Despite fearful rhetoric to the contrary, terrorism is not a transcendent threat. A terrorist attack cannot possibly destroy our country’s way of life; it’s only our reaction to that attack that can do that kind of damage.

I want President Obama to get on national television and project indomitability. I want him to dial back the hyperbole, and remind us that our society can’t be terrorized. I want him to roll back all the fear-based post-9/11 security measures.  We’d do much better by leveraging the inherent strengths of our modern democracies and the natural advantages we have over the terrorists: our adaptability and survivability, our international network of laws and law enforcement, and the freedoms and liberties that make our society so enviable. The way we live is open enough to make terrorists rare; we are observant enough to prevent most of the terrorist plots that exist, and indomitable enough to survive the even fewer terrorist plots that actually succeed. We don’t need to pretend otherwise.

Taking the Lord’s name in Ireland

On January 1, a new law in Ireland bans publication or uttering of material grossly abusive or insulting to matters held sacred by any religion and thereby intentionally causing outrage among a substantial number of adherents of that religion. The law carries a 25,000 Euro fine and permits some defenses. The website blasphemy.ie declares it “both silly and dangerous.”

It is silly because medieval religious laws have no place in a modern secular republic, where the criminal law should protect people and not ideas. And it is dangerous because it incentives religious outrage, and because Islamic States led by Pakistan are already using the wording of this Irish law to promote new blasphemy laws at UN level.

Athiest Ireland marked the law’s coming into force by publishing 25 blasphemous quotations by such notables as Jesus Christ, Muhammad, Mark Twain, Tom Lehrer, Randy Newman, James Kirkup, Monty Python, Rev Ian Paisley, Conor Cruise O’Brien, Frank Zappa, Salman Rushdie, Bjork, Amanda Donohoe, George Carlin, Paul Woodfull, Jerry Springer the Opera, Tim Minchin, Richard Dawkins, Pope Benedict XVI, Christopher Hitchens, PZ Myers, Ian O’Doherty, Cardinal Cormac Murphy-O’Connor and Dermot Ahern. A sample:

Mark_Twain-ssMark Twain: “[Y]ou notice that when the Lord God of Heaven and Earth, adored Father of Man, goes to war, there is no limit. He is totally without mercy — he, who is called the Fountain of Mercy. He slays, slays, slays! All the men, all the beasts, all the boys, all the babies; also all the women and all the girls, except those that have not been deflowered. He makes no distinction between innocent and guilty… What the insane Father required was blood and misery; he was indifferent as to who furnished it.”

jesus-christ-head-cf-ssJesus Christ, speaking of Jews: “Ye are of your father the devil, and the lusts of your father ye will do. He was a murderer from the beginning, and abode not in the truth, because there is no truth in him.”

dawkinsRichard-ssRichard Dawkins:  “The God of the Old Testament is arguably the most unpleasant character in all fiction: jealous and proud of it; a petty, unjust, unforgiving control-freak; a vindictive, bloodthirsty ethnic cleanser; a misogynistic, homophobic, racist, infanticidal, genocidal, filicidal, pestilential, megalomaniacal, sadomasochistic, capriciously malevolent bully.”

Salman Rushdie aptly expressed the philosophical danger such laws pose:

The idea of the sacred is quite simply one of the most conservative notions in any culture, because it seeks to turn other ideas – uncertainty, progress, change – into crimes.

The  practical danger is that it will fuel fanaticism like the attempted New Year’s Day murder of Danish artist Kurt Westergaard, one of the 12 cartoonists whose 2005 satirical depiction of the Prophet Mohammed sparked riots a year later in which dozens of people died.

Mohammed Cartoons

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