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March 19, 2008

Mainstream Media's Semi-Spike Fails

A "spike" in media parlance refers to a deliberate decision of news organizations to decline to report a story, often for political, reasons.  MSM has tried a semi-spike on the Obama reverend story.  But has it worked?

Jeremiah Wright's jeremiads test the media power: dreaded "MSM"--Mainstream Media, which adds the national daily USA Today and the post-Watergate powerhouses, the New York Times & Washington Post (only partly countered by the Wall Street Journal and quality local papers like the New York Sun), plus the Big 4 TV networks: CNN + ABC, CBS & NBC.  Can they spike a story--keep it from most of the American public?

His tirades were given wide coverage on Fox.  They were largely ignored by MSM networks, played down.  Put simply, had Obama's halfway answers been given a fraction of the harsh media scrutiny given Geraldine Ferraro for observing that as her gender put her on the Mondale 1984 ticket, Obama's race helped catapult him to national prominence despite a resume far too thin to have done same for a white candidate.  Fox established that Obama admitted before the tapes were aired that he was aware of Wright's views, but dismissed him as "an old Uncle" who said silly things.  Only after the tapes surfaced did Obama strongly condemn the remarks.  Juan Williams, creator of the acclaimed PBS series on the 1960s civil rights movement, Eyes on the Prize, said on Fox that Obama is playing both sides, using Wright's militant rhetoric for black nationalist street credentials among blacks, while playing trans-racial for whites.  Williams also said that Wright's views, which Williams termed "outlandish," were well-known within the community--and thus, by implication, well-known to Obama all along.  NPR's Michele Norris said on Tim Russert's Meet the Press that the reverend's tone "resonates" with black parishioners, is "not unusual" and reveals a "chasm" between the races.  On ABC News Sunday, Donna Brazile tried to make less of it, asserting that it showed historical context.  Brazile then termed Wright "one of the more moderate black preachers."  MODERATE??????????

How about if the press asks for the release of all his sermon texts, so we can (a) see if he gave us other spicy moments, and (b) see if Obama was registered on such occasions as attending?  Won't happen, but it is a neat thought.  Next best: a Rolling Stone 2007 article that explores Obama's radical roots, adds a little more quotational juice, and describes the church as promoting a black nationalist, Afro-centric theology.  WSJ pundit John Fund told Fox News that Oprah Winfrey, a former congregation member there, left the church, while Obama stayed.  More: Newsbusters reports that Rolling Stone's website now has changed the article's title from "Obama's Radical Roots" to "Destiny's Child."  Wonder why.

James Taranto's Best of the Web cites a quotation from theology professor James Cone, whose brand of black liberation theology Pastor Wright subscribes to:

Black theology refuses to accept a God who is not identified totally with the goals of the black community. If God is not for us and against white people, then he is a murderer, and we had better kill him. The task of black theology is to kill Gods who do not belong to the black community. . . . Black theology will accept only the love of God which participates in the destruction of the white enemy. What we need is the divine love as expressed in Black Power, which is the power of black people to destroy their oppressors here and now by any means at their disposal. Unless God is participating in this holy activity, we must reject his love.

Want more.  How about these talking points posted at the website of the Trinity United Church of Christ (homepage here).  One point states, referring to whites: "Oppressors do not like 'others' defining themselves."

Well, well.  MSM is a diminished Big Media Kahuna.  Their spike neither prevented results from a Rasmussen poll showing an 8 percent favorable rating of Wright's trash nationwide, and 73 percent unfavorable--77 percent of whites and 58 percent of blacks. More: 56 percent of voters say they now are less likely to vote for Obama, including 44 percent among Democrats; 11 percent of voters say they now are more likely to vote for him.  African Americans split: 50 percent said it had no impact on their vote, 29 percent are now more likely to vote and 18 percent are now less likely to vote for him.  So, while most African-Americans disapprove of Wright's tirades, most are also not troubled enough to reconsider their vote.  Put another way: 2/3 of blacks are either not bothered sufficiently to change their vote, or positively reinforced by the pastor's Afrocentric black nationalist rantings.  This sobering reality may prove in the long run more significant for America's future than the impact of the pastor upon Obama's candidacy.

So how did MSM's attempt to spike the Big Barack Story fare?  According to Bill O'Reilly, polls show that two-thirds of Americans have heard about the controversy.  The one-third, it is fair to say, are mostly folks who will not vote come November.  MSM's semi-spike has, on the fair evidence of it, failed.

The Reverend, His Church, Michelle & November

The real impact of the scorching tapes of Obama's pastor, Jeremiah Wright (the first name fits, as in jeremiad; the second doesn't), has yet to be felt.  First, there are likely more tapes, and Clinton "oppo" research will find them before Pennsylvania, which, says NRO's Jim Geraghty, is duck-soup, as Wright's church regularly tapes sermons; worse, audience reaction shots are common in the tapes, which can be purchased on the Web.  Imagine Barack caught smiling during one of Wright's tirades.  Now imagine that Hill sees release of same as her only hope to unhorse her rival before the convention.

But the biggest impact, come the fall campaign, is on Obama's effect on the GOP base.  A standard assumption of Republicans is that Obama would prove a more formidable candidate in the fall, due to his likability and newness.  Whereas Hillary, hated by conservatives, would turn out the base for John McCain, the base might not turn out in comparable number against a likable Democrat like Obama.

Until last week, that is.  I will bet that Talk Radio plays these tapes throughout the fall, ignoring criticism in MSM quarters.  Conservatives will hear for two months the reverend's tapes, especially two: (1) when, 5 days after 9/11, Wright said that America deserved what had happened on 9/11;--at a time when virtually the entire country was united in outrage; (2) the tape showing Wright contemptuously rejecting "God Bless America" in favor of "God Damn America."

Nor does the defense put out by the Trinity United Church of Christ help.  The church accuses their pastor's critics of character assassination, directed at him "because he has preached a social gospel on behalf of oppressed women, men and children in America and around the globe."  That kind of attitude is, Americans are finding out, commonplace in black communities and black churches.  A Washington Post front-pager presents defenses of the pastor, by members of his church; they embrace his "black liberation theology" that weaves a narrative of resistance to oppression by--adn explicit hatred of--whites into religious sermons.  Those defenses are, however, unlikely to resonate with most whites, who, as ex-Bush speechwriter Michael Gerson brilliantly explains, find Wright's views simply shocking.

And is there a tape with Michelle saying what was captured in a New Yorker profile?  To wit, with Michelle's remarks in quotes, as recounted by author Lauren Collins:

Obama begins with a broad assessment of life in America in 2008, and life is not good: we’re a divided country, we’re a country that is “just downright mean,” we are “guided by fear,” we’re a nation of cynics, sloths, and complacents. “We have become a nation of struggling folks who are barely making it every day,” she said, as heads bobbed in the pews. “Folks are just jammed up, and it’s gotten worse over my lifetime. And, doggone it, I’m young. Forty-four!”

Obama's alibi that he only recently heard about this won't pass the smell test.  Juan Williams of Fox acknowledged that Wright's views were well-known in the 'hood.  Evangelicals who know their pastor and congregation well are not going to buy Obama's explanation.  And they will turn out, despite concerns re Big Mac.  And for Independent voters who hear the tape, Obama will no longer look like a post-racial, crossover candidate.  And they, too, will go for Big Mac.  John McWhorter, normally a sound critic of black militancy, excuses those who applauded Wright's sermon vitriol by saying that they really don't mean it.  Could have fooled me.  Part of the racial divide is that most whites would never applaud such raw sewage.

It now looks like Hillary, even with her high negatives, would prove the tougher Democrat to defeat in November.

March 18, 2008

Index 3/18/08

2 posts: (1) Summer Olympics: Beijing Snuffs Out Liberty's Flame--For Now--Us v. Them; (2) Obama's Wrong Wright; Ferraro's Flameout--The Home Front.

Summer Olympics: Beijing Snuffs Out Liberty's Flame--For Now

International Olympic Committee (IOC) President Jacques Rogge predictably urged countries to ignore China's brutal suppression of demonstrators in Tibet, whose usually gentle people seek a freedom China will never give them; "world opinion" is too busy agitating on behalf of the terrorism-addicted Palestinians to bother to care much about Tibetans.  The IOC resorted to standard boilerplate about hurting innocent athletes and keeping open lines of communication, and calling for a peaceful resolution of the crisis.  That last hope will be fulfilled when China has busted enough heads to quell the protests.  One scholar of Tibetan affairs details the issues underlying the latest clashes.  A Wall Street Journal editorial sees Beijing's prestige in jeopardy (I am less sanguine re this--see below).  (And amidst all of this, Herb London notes that Taiwan is holding a crucial election that could determine the country's future, including its relations with China.)

Rogge's sordid star turn is reminiscent of the long, gruesome reign of "Slavery Avery" Brundage, who had the dubious distinction of presiding over the Nazi Olympics in 1936, and ordering the 1972 Munich Games to go on after the murder of 11 Israeli athletes by Black September.  The 1980 Moscow Games, held months after the Soviet Union invaded Afghanistan, continued the tradition of genuflecting to dictatorships.  Ditto can of course be said to the blind eye turned for decades to Soviet-bloc countries using professionals, and to East Germany's super-swimmer pseudo-females that dominated swimming in the 1970s and 1980s.

All for "the Games."  In my youth the Games meant something.  There have indeed been stirring stories of the Olympic spirit.  My personal favorites are two: (1) 4-time discuss gold medalist Al Oerter (1956 - 1968) winning each time though never the world record-holder at the time (he held the WR in between, at times), once (Tokyo 1964) wining though seriously injured, and all four times setting an Olympic record; (2) decathletes Rafer Johnson and C.K. Yang training for the 1960 Rome Games under the same track coach, the legendary Ducky Drake at UCLA.  Johnson, silver medalist at Melbourne in 1956, won in Rome.  Yang, fittingly, following Johnson's path, won silver in 1960 and stepped up to gold in 1964.  They each helped one another as they trained.  Theirs was the Olympic beau ideal at its best.

But the Games have long become bloated, adding sports and pseudo-sports (think: synchronized swimming) promiscuously, and adding drug regimes as well.  Now Beijing will give us the Asthma Games, via epic pollution.  One educational benefit will be that after seeing China's polluted skylines up close & personal the world may realize that America is hardly the world's worst polluter.

But the human rights stuff will be nasty, as the world averts its eyes yet again, save for tepid statements from Foggy Bottom (calling for "calm" etc.), as noted in the New York Sun.  Beijing will get a black eye in some quarters, but unless things really turn out bad on camera they will ride it out.  Already , Beijing is blocking access to videos of the protests, posted on YouTube.  Yet author Anne Applebaum points out that China cannot block every cellphone camera, and thus video got to the outside, sliming China's image; she also believes that Tibet has the potential to be China's ultimate undoing.  Wall Street Journal pundit Bret Stephens sees Beijing's hostility to all religions as a long-term vulnerability for a corrupt, hated, soulless sate.

So, you can watch the Beijing Bloatfest this August.  I will pass.

Obama's Wrong Wright: Ferraro's Flameout

This post was completed as Barack Obama announced that he will give a major address on race Tuesday, March 18.  Consider what follows an assessment of the stage of things as of when he speaks.

The recently-retired Rev. Jeremiah Wright, Barack Obama's spiritual mentor, is on the evidence of his own quoted words a militant anti-white racialist (video version).  He married the Obamas and baptized their children. He says the country is racist, is run to oppress blacks, and on the fair evidence of it, hates this country.  True, Barack has disavowed his comments, initially through a spokesman, then himself, but if this man was spiritual mentor to the Obamas --for twenty (yes, 20) years--the couple has some explaining to do.  Read the article, listen to the audio, and you can see that it will not be easy.  Amazingly, it was in a speech given in Washington, DC that the reverend accused the government "lied about inventing the HIV virus as a means of genocide against people of color"--yes, that is a real quote.  Earlier, on the Sunday immediately after 9/11/01, the reverend said that America had deserved the attacks.  The reverend, who also rejects "God Bless America" in favor of "God Damn America," is one nasty piece of work--racist work, at that.  Oh, and he also said that the government lied about...Pearl Harbor.

Add to that poisonous brew Michelle's citation with apparent approval, of Stokely Carmichael's separatist stage of racial relations (in her 1985 term paper) and Barack's citation (apparently, in his first book) of race-hustler militant Malcolm X as someone he admires, and the idea that an Obama administration will transcend race gets, as Alice might say, curiouser and curiouser.

And what of dubious supporters of John McCain?  Blogger Dean Barnett observes that Big Mac has a long public record, and thus we know what kind of politician and leader he is.  Obama raises the Jimmy Carter problem: risk buyer's remorse by making a hasty choice of a largely unknown figure.  There is thus, Barnett rightly argues, a far greater need to learn more about Obama, and his relations with his inner circle.

Initially, on Friday, a spokesman for Obama told Fox News reporter Major Garrett that the campaign had nothing to say as to the comments aired Thursday.  But then, later on, in apparent response to a growing clamor, Obama himself replied with a Huffington Post statement, which begins thus:

The pastor of my church, Rev. Jeremiah Wright, who recently preached his last sermon and is in the process of retiring, has touched off a firestorm over the last few days. He's drawn attention as the result of some inflammatory and appalling remarks he made about our country, our politics, and my political opponents.

Let me say at the outset that I vehemently disagree and strongly condemn the statements that have been the subject of this controversy. I categorically denounce any statement that disparages our great country or serves to divide us from our allies. I also believe that words that degrade individuals have no place in our public dialogue, whether it's on the campaign stump or in the pulpit. In sum, I reject outright the statements by Rev. Wright that are at issue.

After praising the pastor's military service and community work, Obama continues:

The statements that Rev. Wright made that are the cause of this controversy were not statements I personally heard him preach while I sat in the pews of Trinity or heard him utter in private conversation. When these statements first came to my attention, it was at the beginning of my presidential campaign. I made it clear at the time that I strongly condemned his comments. But because Rev. Wright was on the verge of retirement, and because of my strong links to the Trinity faith community, where I married my wife and where my daughters were baptized, I did not think it appropriate to leave the church.

Let me repeat what I've said earlier. All of the statements that have been the subject of controversy are ones that I vehemently condemn. They in no way reflect my attitudes and directly contradict my profound love for this country.

Obama later said on Hannity & Colmes that he rejected "completely" such stuff, and said that they are not either his or his wife's ideals.  A Newsweek article (3 pages) provides much historical background on Obama's church and its growth under Pastor Wright.  The author offers a sympathetic view, one not mine, but well worth reading.

ABC news reports the replies from the church, which says Wright's remarks were taken out of context.  But there are two nuggets in the story.  First, Wright told the New Yorkl Times last year, as to Obama's asking him not to be associated with the announcement of his candidacy: "You can get kind of rough in the sermons. … It's best for you not to be out there in public."  Second, Juan Williams said yesterday on Good Morning America: "One that seems to separate black and white and suggested that [Obama] came into that community wanting to be identified with the black community, at a time when he was questioned as to whether or not he was authentically black. Now, he's trying to distance himself from that very church and say he didn't know things that he obviously had to know."

The first ABC nugget suggests that Obama knew of Wright's poison a long time ago.  The second one suggests that "authentically black" means black nationalist, and thus paints a picture of the black community, one at odds with Obama's post-racial campaign theme.

Writing in The Atlantic, Ross Douthat cites milder Obama comments (presumably, before last week's airing of the tapes with the above outbursts), likening Wright to "an old uncle" and accusing critics of "cherry-picking" statements.  But, as Douthat notes, clearly Obama's congregation is a radical one.  Watching the video, there is no sign of anyone marching out in disgust.  To the contrary, many in the audience applauded and cheered the reverend's tirades.   Victor Davis Hanson parses Obama's answers and explanations, and finds them Nixonian.  Mark Steyn, ever sharp, compares Obama to a famous Jewish immigrant who came to America, Irving Berlin (born Israel Baline, in Russia).  Berlin (without affirmative action) penned seven words Steyn aptly says the wayward reverend will never be caught singing: "God bless America, land that I love."  Talk Radio host Michael Medved draws on his experience as a devout participant in several synagogues, and concludes that either Obama is lying about being intimately involved in the affairs of his church, in which case he would surely have learned long ago about the pastor's views and remarks, or he is lying about disapproving of Wright's views.

Obama-supporter and author Gerald Posner finds Obama's denials of knowledge implausible, noting that the audience reacted to Wright's post-9/11 diatribe as if it were nothing out of the ordinary--likely the case--and that thus Obama surely knows more than he is telling us.  Bill Kristol's analysis is the best one I have seen, showing the implausibility of Obama's claim of limited knowledge about his pastor's views, and summing up Obama in a perfect paragraph:

The more you learn about him, the more Obama seems to be a conventionally opportunistic politician, impressively smart and disciplined, who has put together a good political career and a terrific presidential campaign. But there’s not much audacity of hope there. There’s the calculation of ambition, and the construction of artifice, mixed in with a dash of deceit — all covered over with the great conceit that this campaign, and this candidate, are different.

But there is, alas, more on race in the Democratic race.  Columnist Rich Lowry sees in the sacking of Geraldine Ferraro, for saying that had Obama been white, he would not be where he is in the race, if even in it at all, a "grievance-politics cataclysm"--identity and victim politics run amok, and consuming the Democratic Party.  Lowry says that in the "unholy trinity" of race, gender and class that has been the staple of identity politics for a generation, race trumps the other two, a fact publicly bewailed by feminist supporters of Hillary.  Writer Matt Bai discerns a new, emerging racial divide, as shown by Obama's having done best in states with mono-racial white population, or with black majorities; Hillary wins states with mixed populations, suggesting that it is racial proximity fosters animosity and resentment, not racial isolation.  As Charles Krauthammer, in another fine column notes, in racially-mixed Mississippi Obama won 92 percent of the black vote and 26 percent of whites.  Two weeks before the South Carolina vote, Obama led Hill only 53-30 among blacks, and then came Bill Clinton's cracks about Obama being another Jesse Jackson.  Hill's black vote numbers now resemble that of Republican candidates.  Jonathan Chait, writing in The New Republic, sees Hill's strategy as so damaging Obama as to make him unelectable, and thus ensuring her selection at the Convention.  Civil rights author Abigail Thernstrom nails the Voting Rights Act of 1965, and subsequent racial gerrymandering, for creating minority-dominated jurisdictions, which then elect minority candidates based upon ethnic and racial bona-fides.  She adds that in 2000 former Black Panther Bobby Rush creamed his black opponent for  House seat, by convincing voters that his opponent was "not from us, not from the 'hood."  His victim?  One Barack Obama.

Perhaps, in the end, Obama will run a truly post-racial campaign, and perhaps his wife will soften her hard edges, as to her public opinions about life in a country that has been miraculously good to her and her family.  But that leaves perhaps a bigger problem for Obama: Just what strong criticism of Barack Obama will not be deemed racist by his supporters?  Bill Clinton's "fairy tale" line re Obama and his positions on Iraq, and Hillary's citation of Martin Luther King needing LBJ's help, and the red-phone phone ad are now all stamped by Obama supporters as racist.  This, observes pundit Robert Novak, exposes an "ugly racial divide" in a political party whose members publicly profess that they are color-blind.  In fact, Democrats are race- and gender-obsessed, mired irremediably in the poisonous swamp this is identity politics in full, ugly flower.  Even liberals have noticed.  Witness Newsweek's "The Deep Blue Divide" piece, recounting how plain-folks Dems who regularly meet now barely speak to one another, or do so between clenched teeth.  In the general election, such absurdity will strip Obama of his trans-racial appeal, thus racialize the election, and make a GOP win more likely.  But it will be a more poisoned polity that the Obama candidacy leaves, and not, as initially dreamed of, a less polarized one.  And in that, every American will become a loser.

Oh, one more tidbit: Guess who goes on trial come September, in Las Vegas (unless the case is postponed again)?  America's most famous acquitted double murderer!  How will "If I did it?" play in the fall election, given radically divergent racial perspectives (2/3 of blacks think he was--yes, framed) on his trials and tribulations?

March 17, 2008

Index 3/17/08

4 posts: (1) Libel Tourism: Militant Islam's Newest Weapon--Us v. Them; (2) Obama & Iraq: Bill Clinton Was Right--The Home Front; (3) Saddam's Terror Ties--Us v. Them; (4) Heavenly Heathrow--"It's the Earth Stupid!".

Libel Tourism: Militant Islam's Newest Weapon

Muslim nations meeting in Dakar, Senegal have agreed to sue those who "defame" Islam, including suing nations like Denmark (where 12 notorious satirical cartoons published in late 2005, after being supplemented by 3 vicious caricatures added by Islamist clerics, whose persistent agitation led into murderous violence in early 2006).  The new OIC charter incorporates among its aims "to protect and defend the true image of Islam" and "to combat the defamation of Islam."

Senegalese President Abdoulaye Wade, who chairs the 57-nation Organization of the Islamic Conference (OIC) justified the effort: "I don't think freedom of expression should mean freedom from blasphemy.  There can be no freedom without limits."  The OIC's secretary-general said: "Muslims are being targeted by a campaign of defamation, denigration, stereotyping, intolerance and discrimination."  He added: "In our relation with the Western world, we are going through a difficult time.  Islamophobia cannot be dealt with only through cultural activities but (through) a robust political engagement."  The head of cultural affairs and lead author of an OIC report on the subject said: "[T]his Islamophobia has gone far beyond a phobia.  It is now at the level of hatred, of xenophobia, and we need to act."  (One factor noted by the OIC is that Germany has a law penalizing Holocaust deniers.)

Bangladesh's foreign minister demurred as to this provision.  America's new envoy to the OIC, Sada Cumber (read about his background), said Americans have a "deep respect" for Islam, and that practitioners of religious faiths are "never stopped or discouraged."  To their credit, two human rights groups, Human Rights Watch and the Geneva-based International Humanist and Ethical Union, condemned the OIC's move.

"Libel tourism" became a major issue in 2007, as author Rachel Ehrenfeld explains.  Saudi billionaire Khalid bin Mahfouz sued her in England, where libel laws favor plaintiffs.  English law requires defendants to prove their statements true; in the US, where libel laws strongly favor defendants, plaintiffs must not only prove that defendants made false statements, they must also prove, as to members of the press, that the statements were made with deliberate intent to defame or in reckless disregard of the truth.  Non-press defendants, including authors, do not enjoy this latter protection, and can be held liable for even innocent publication of falsehoods.  (What is called defamation colloquially refers to a pair of torts (civil wrongs): libel, applied to written statements, and slander, applied to spoken statements, though some states apply libel to broadcast statements as well.)  Wikipedia's entry on defamation offers a decent guide for the lay reader, re a complex area of law.

The English court predicated its jurisdiction upon 23 copies of Ehrenfeld's 2003 book (Funding Evil: How Terrorism is Financed and How to Stop It) having been sold in England via Amazon, plus the presence of an excerpt from her book, on ABC News's website (accessible from England).  Mahfouz sued Ehrenfeld in January 2004 in England; Ehrenfeld refused to accept that the court had jurisdiction, and thus lost a default judgment of $225,900.  Mahfouz sued 36 people who had accused him of ties to terrorism, and 35 authors settled; only Ehrenfeld refused to do so.

Ehrenfeld contended in her book that Mahfouz allegedly has ties to terror groups.  She therein cited: (1) "alleged" funding support given by him to the terrorists who bombed the U.S. embassies in Africa in 1998, i.e., al-Qaeda; (2) his indictment in 1992 for his dealings with The Bank of Commerce & Credit International (BCCI); (3) his having been "identified" in U.S. government or court "reports" as contributing to Saudi charities "that are known to have funded al-Qaeda and other Islamist groups" and that "often have incestuous ties to one another."  Ehrenfeld duly stated that Mahfouz "denies that either he or his Muwafaq Foundation funded terrorism, and, again, he and the other Saudis involved insist they gave to charity, not to al-Qaeda."

Ehrenfeld sued Mahfouz in federal court (in New York City), seeking a declaratory judgment (legalese for an advance declaration of plaintiff's legal rights) that the British verdict is unenforceable in American courts, due to its conflict with the First Amendment's free speech clauses.  Her case (Ehrenfeld v. Mahfouz) was dismissed by the U..S. District Court, Southern District of NY (one of four federal trial courts in the state), for lack of personal jurisdiction over the defendant, a foreign national residing outside the U.S.  Ehrenfeld also raised claimed lack of subject matter jurisdiction, a claim the trial court declined to address.

Ehrenfeld's appeal was partly decided June 8, 2007, before the U.S. Court of Appeals, Second Circuit (one of twelve federal appellate courts, one level below the Supreme Court, and regarded as a highly prestigious court).  The Court's decision postponed a final appellate ruling, pending resolution of a specific question as to the scope of jurisdiction it should apply under New York State's "long-arm" statute (legalese for a law that defines what acts and circumstances suffice to confer state jurisdiction over a defendant located out of state).  The Court certified the jurisdictional question to the New York Court of Appeals (the state's highest court).

On December 20, 2007, the Court of Appeals decided the legal question.  It held that New York's "long-arm" statute does not confer jurisdiction on the specific facts of this case.  The contacts defendant Mahfouz had with New York State, a series of letters and e-mails from his lawyer to plaintiff Ehrenfeld, plus a posting on Mahfouz's website, accessible to Internet users based in New York, were, the Court ruled, simply not sufficient to confer personal jurisdiction over defendant.  Ehrenfeld's argument that the English lawsuit was part of a scheme to chill her exercise of First Amendment rights within the United States, was rejected by the Court, because any chill arising out of defendant's action in England arose not out of defendants activity within New York State, but rather out of the English court's verdict against Ehrenfeld.

Ehrenfeld's strongest argument was based upon a case decided by the United States Court of Appeal, Ninth Circuit (it covers several Western states, including California), Yahoo! v. La Ligue Contre Le Racisme et L'Antisemitisme (French for The League Against Racism and Anti-Semitism).  In that case, Yahoo was sued in France by French plaintiffs, because on its website were materials associated with Nazism.  There the Court held that personal jurisdiction over parties residing in France did exist, because Yahoo's First Amendment rights would be abridged if the French court's order that Yahoo prevent French users from accessing such material on its servers, were enforced.  But the New York court declined to follow this precedent, because, it decided, the California ""long-arm" statute is broader than the New York law, in that it confers jurisdiction co-extensive with that conferred under federal "long-arm" statutes.  In other words, New York's law is narrower in jurisdictional scope than either the federal laws or those of the state of California.

In January 2008, legislation was introduced in the New York State Senate and Assembly, to amend the state's "long-arm" statute so as to confer jurisdiction over non-residents who win libel judgments against New York State residents, and to deny enforcement of such judgments in New York courts, if enforcement would infringe upon the federal or state constitutional rights of authors resident in New York State.  There the matter rests as of this posting.

The threat is real.  Author Ehrenfeld has found publishers reluctant to publish new works of hers--this despite her allegations in her book having been qualified by "alleged" and with denials from Mahfouz also included in her book.  Nor is the threat simply one of chilling authors from exercising free speech rights, as against given individuals.  The OIC's new charter will enable suits to be filed against anyone who is thought, by militant Islamists, to have "defamed" Islam.  It is the most extreme Islamists who can be counted upon to use lawsuits to silence critics.  And it is precisely against those extreme elements that authors need First Amendment protection most.

Constitutionally-protected free speech rights of Americans must not be held captive to the exquisitely amplified, and infinitely expandable, cultural sensitivities of Islam's most extreme votaries.

Saddam's Terror Ties

Examination of 600,00 captured documents (out of some 3 million, if memory serves) shows extensive ties between Saddam and terror groups, though no direct link to al-Qaeda.  Saddam's secularism did not stop him from collaborating with militant Islamist groups, but he was distrustful of groups backed by Iran and Saudi Arabia.  At the Weekly Standard, always stalwart on this, Stephen Hayes assesses what we've learned, and editor Bill Kristol wonders why the Pentagon has been silent on the evidence.

Obama & Iraq: Bill Clinton Was Right

Ex-43 speechwriter Michael Gerson examines Barack Obama's record on Iraq, and finds that for a few years Obama opposed rapid withdrawal.  Only when he began preparing to run for the presidency did he become a cut-and-run guy--falling in line with his party's base.  More detail is given in Peter Wehner's Commentary article.  As Mr. Bill said, Obama's "consistency" on Iraq was indeed "a fairy tale."

Heavenly Heathrow?

Last Thursday's security breach at London Heathrow Airport was hardly reassuring; the reason for the incursion was an eco-nut enraged at the opening of Terminal 5.  This Bloomberg News report explains how Terminal 5 will ease international travel, especially for British Airways passengers.  The article presents all sorts of interesting numbers about the world's busiest airport, long regarded by passengers as a nightmare (delays & lost luggage) to be avoided if possible.  Things should soon improve, after the new terminal opens March 27.  There are more LHA upgrades in the works.