Simon Singh Talks With Wired About His Libel Battle
smellsofbikes writes "Wired has a short but pithy interview with Simon Singh about his defense against a libel suit brought by the British Chiropractic Association, in which he spent more than $200,000 and emerged victorious."
It would seem that if he emerged victorious, the other side should have to cover the $200K -- plus something for his time.
Sorry... I hate seeing numbers thrown around as if it somehow makes this case more important than others. I'm glad to see that Simon Singh stood up for his comments and also that he is now extremely famous and has furthered his career by this episode.
Also, can someone enlighten me if British law allows him to sue for his defense cost?
astrology,
homeopathy,
feng-shui,
graphology,
psycho-analysis?
I happen to know a few people who are really.. well, they love Jesus more than most. They seem to attack science, not to learn anything, but to merely shoot down their "adversary".
I really wish those people could understand this quote (last 2 lines of the article): "People start off with a belief and a prejudice—we all do. And the job of science is to set that aside to get to the truth."
Yeah - a victory that cost him $200k of his own money - so that he doesn't have to issue a retraction or pay even more of his own money.
Or, maybe if he is lucky he might get reimbursed some or all of it - quite some time after having spent it. Of course, he won't get any interest on the money or anything like that. Most ordinary people would lose their homes in the process of trying to pay these kinds of fees, and I'm sure courts would not reimburse those costs either.
That will teach them!
Europe at least is far better than the US in this regard, but I'd go a step further. I'd envision a system where when a suit is brought a court would require an escrow of funds from the plaintiff if they had greater than a certain amount in assets. Regardless, the attorneys would be paid by the court (for both parties) - it would be illegal for attorneys to receive money from their clients. The fee rate would be set by the court, and the budget for both parties would be the same, and the budget would be based on the nature of the case and the amount at issue. Both parties would then battle it out in court or settle. Individual participants (whether defendents, plaintiffs, witnesses, or jurors) below a certain income level (moderately high) would also be paid by the court a per-diem based on their annual income. In the end the court would assess the loser of the case for the amount of court costs (which now includes all client legal costs and the cost of the time of all parties as well), plus interest sufficient to ensure the government comes out at least even. This would be a public debt that the government would have the power to collect on.
This would ensure that merely being sued would have no negative financial impact on somebody, and that people will think twice before filing frivolous lawsuits. People who are out time and money also don't have to try to badger the other party to pay - the government would pay them as they incur costs, and now the government can use all its usual methods to recoup its loss just as if the losing party didn't pay their taxes/etc.
The bottom line is that the court system needs to stop punishing people (effectively) merely for being sued.
Actually, it is the UK legal system that doesn't work. Neither does the US legal system, or the AU legal system. But for this we can focus on the broken UK legal system.
Basically, what is broken is that the truth is effectively restricted to people with money and wealth. It's good that we have people like Simon Singh who have enough money to make it work, and make it work the right way. Unfortunately, the vast majority of those with money and wealth also tend to be those who perverse and corrupt the system with lies and untruths. So it is a very biased system, even if it might well be balanced and just when those facing off are well moneyed. In other words, it's not a system for ordinary people. So unless we can find a new system to replace it, or at least supplement it, there is no justice, and no truth, for ordinary people most of the time.
now we need to go OSS in diesel cars
The guy makes a great point although at the same time if applied everywhere is totally wrong. I'm sure some of those chiropractors are "experts" in their "field". Why wouldn't we trust them over some journalist. After all, the journalist isn't an expert!
The point being everyone seems to be labeling themselves as an expert these days, even when they're not (social media experts, haha). There was an artist on a TV program I watched the other day labelling himself a "climate expert" demanding that everyone should stop flying, right now! Regardless of how people feel about global warming I start not giving I shit when it turns into the big circle jerk that it has become and everyone starts the "look at me!" game.
The problem is that not everyone understands language, and the diversity of meaning. This is particularly problematic with people heavily involved in law, where the language needs to be precise, even to the extreme of being excessively verbose. So it is no surprise that some judges would misunderstand what is meant, or even dare make an assumption that a certain thing would be meant.
To be clear enough in writing to be sure all judges would understand it would be to write in a style no one else can.
now we need to go OSS in diesel cars
Which is precisely what the first judge interpreted Singh to mean, and precisely what he appealed against. The Court of Appeal held that his comment was an opinion piece rather than an assertion of fact, and therefore not something the court should interfere in.
The reason he got into so much trouble is simple: The libel laws in the UK are batshit insane.
HAND.
Hate to snow on your parade, but that's a myth.
Confucius say, "Find worm in apple - bad. Find half a worm - worse."
So the global pollution that shut down Moscow isn't an issue at all? Even if global warming is nothing more than a scheme to get us to pollute less, isn't it time we started doing so anyways? Think of a law that received widespread support BEFORE anyone died from it when we didn't have any regulation. Especially here in America, we need a catalyst to get anything done. So while you may be right about global climate change being fake (which I still believe it's real especially since you didn't quote anything empirical), I still think the obnoxious hippies have a point for once. One other thing, I notice you didn't mention how we're due for an ice age and how that might affect the way our climate change is. Global warming is misleading as a term.
There is no -1 Disagree.
You're an excellent example of exactly what Mr. Singh speaks about at the end of his interview. Science isn't about finding support for your belief or absolute proof some other belief has no possibility of being correct. It's about using a formal, methodological process for deciding what to believe. I don't think anyone who has objectively decided who are credible experts in the field then looked into what the most supported scientific theories are, has not concluded that the scientific answer so far is that global climate change is happening at rapid and unexpected rates, most likely due to the influence of humans including gas emissions.
Sure you can go out and pick studies and people to attack or quote to support any opinion you've already formed, but that isn't science nor is it reasoned. And that's where you and the majority of our society seems to be failing.
Thanks for bringing up Global Cooling so quickly, so I know that you are either ignorant or choose not to pay attention to facts.
You went off my point slightly - the researchers themselves, being the principals, must own up to fair share of the blame. They are aware of the incentives and environments in which they work, and "wittingly or not" is no excuse.
Fuck systemd. Fuck Redhat. Fuck Soylent, too. Wait, scratch the last one.
That seems redundant. But I'll probably get sued for saying it.
Singh may need to learn a bit more on just how inaccurate most of our historical readings truly are -- but that's not his field.
Well, as someone who's spent most of his career developing data acquisition systems, I tend to agree with you, and even the most well-designed instrumentation can (as you say) suffer from deployment and installation issues. Want another example? Human body temperature. 19th century research was dependent upon 19th measuring technology: making crucial public policy decisions on old data that is likely flawed is very dangerous. Yet, that's exactly what we're doing in the case of global warming.
The higher the technology, the sharper that two-edged sword.
This makes me very uncomfortable. I believe that global warming is real and anthropogenic, but the reason I believe it isn't just that somebody with a Nobel prize said, "global warming is real and anthropogenic." Authoritative scientists told us that margarine was better for us than butter; in that miscegenation laws were necessary for public health; and that electromagnetic waves were not quantized (Bohr's school said this) and that they were vibrations of a luminiferous aether (most textbooks said this, decades after Einstein published relativity). All of those claims turned out to be false. Some of them were extremely harmful to large numbers of people.
I teach physics at a community college for a living. The hardest thing to get my students to do is to think for themselves. Some come in already doing it, some will do it with encouragement, and others are incapable of doing it. Some will do it and come up with conclusions that I consider incorrect. But despite all these difficulties, we're far better off as a society if 10% of the population can think for themselves than we are if 100% accept authoritative opinions on faith.
Find free books.
I like the last answer given by Singh:
When people use things like "common sense" as a weapon to call you an idiot, I will have to keep the view described by Singh in mind. After all, it's perfectly correct to question common sense and even fly in its face if evidence to the contrary is available. It common sense needs to be tested to strike out the impurities and leave us with the truth. So every time "the official story" seems a bit wrong or even unnatural, it needs to be tested. Unfortunately, it will not stop people from thinking you're some form of nut for going against the generally accepted truth. The world isn't flat but I wonder how many people were attacked or even killed for asserting otherwise.
Well, the consensus among climate scientists seems to be yes, yes, and we really hope so. I'm merely a lay person and I don't know what "your field" is, but I do know that current research that is published in climate journals is way past the point of arguing about whether it's happening or not. There are a lot of very intelligent climate scientists who believe in global warming so if the entirety of argument is that they are missing something obvious (like the inaccuracy of thermometers, or global warming on mars) it makes me wonder if you have actually ever asked a climate scientist about it or if you're just looking for some reason to reject their results.
Based on your paragraph on "radicals" and "wealth transfer" I'm assuming you're a libertarian or something along those lines. Perhaps some of your resistance to accepting the current consensus is that the consequences don't fit into your political ideology. Maybe you have better/different ideas on how we should go about dealing with the problem, but please don't pretend it doesn't exist just because it's considered a "liberal" issue.
Um it's not parenthetical. The amendment was written in a bizarre fashion even for that time period and strictly speaking, even by your interpretation it's grammatically screwy resulting in additional oddly placed commas. They wouldn't have included the language about the militia at all, if they didn't mean to require membership for gun rights. You also apparently missed the part of history class where they discussed why it is that we have a guaranteed right to form up militias. And that reason is that early on there was no military, there was basically no law enforcement in wide portions of the country, on top of which there were still Indians running about very pissed about having had their land stolen from them.
It does take a suspension of disbelief to come to the conclusion that most of the amendment is essentially just there, to be ignored, rather than a portion of the amendment. Notice that they didn't do such things with either the first,third or fourth amendments.
So to sum it up, you can't parse out precisely in that fashion language which wasn't precisely fashioned in the first place. It would be nice if they had written it correctly with normal grammatical conventions being adhered to, and with the copies being identical, but they didn't.
Unfortunately the issue isnt so clear-cut as this. You see, CO2 is a naturally component of the atmosphere - not a pollutant. Unless, of course, the currently fashionable AGW dogma is taken to be true and correct. In that case, and in that case only, it makes some sense to consider carbon emissions as something like pollution.
So what does decreasing pollution mean? To the skeptic it means decreasing things like particulate pollution and noxious gasses (including carbon monoxide but not carbon dioxide, which is a normal and necessary part of the biosystem) in the air, along with all the nasty poisonous stuff that can get in our water, and so on. But to the true-believer, all those traditionally recognised pollutants take a back seat to the new boogey-man, CO2 emissions. So the skeptic and the true-believer can both agree that we should pollute less, without actually agreeing on what that means.
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I'm glad Singh brings up the issue of GMOs in his interview. It's my opinion as well that the vast bulk of the evidence sited by GMO opponents is pseudoscience at best.
It is high time start recognizing what is going on with the anti-GMO campaign.
Minor correction for you - be careful not to mix up "England" and "Britain", they are different things. There are "English" courts and English law but there are no such things as "British courts" or "British law". In Scotland, which is part of Britain, Scottish courts and Scots law prevails, a different legal structure exists. So we're talking about the situation in England here, not Britain.
cheers!
Actually that language was subject of much debate and very carefully written. As you've just demonstrated, it's impossible to do the job to the point that someone who really wants to read it differently cant make it work in their own head.
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Quote from Wikipedia:
The publicity produced by the libel action has led to a "furious backlash",[2] with formal complaints of false advertising being made against more than 500 individual chiropractors within one 24 hour period,[3][30] with the number later climbing to one quarter of all British chiropractors.[2] It also prompted the McTimoney Chiropractic Association to write in a leaked message to its members advising them to remove leaflets that make claims about whiplash and colic from their practice, to be wary of new patients and telephone inquiries, and telling their members: "If you have a website, take it down NOW." and "Finally, we strongly suggest you do NOT discuss this with others, especially patients."[2][3] One chiropractor is quoted as saying that "Suing Simon was worse than any Streisand effect and chiropractors know it and can do nothing about it."[2]
Linky.
"The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
As a matter of fact, demonstrating that CO2 is a greenhouse gas is very simple and can be done at home. I've seen a video from some BBC educational program demonstrating this, with a couple of clear plastic bottles, some vinegar and baking soda to generate CO2, and two digital thermometers.
I repeated the experiment and, yes, it worked. Therefore, I can assert from my own experience that Anthropogenic Global Warming is, at least, a plausible hypothesis. It's up to the denialists to come with a better experiment proving the contrary if they want me to believe them.
That's what statistics are for. Every single measurement needs not be wonderfully accurate. In the same way that we define a certain height as "sea level" when the surface of the sea isn't level, we can talk about average temperatures when we lack precise measurements at each point.
Unless you can demonstrate that this bias in thermometers has a trend towards showing higher temperatures as time goes by, you cannot say global warming is an artifact of measurement error.
English fail.
It's clearly parenthetical and you're portraying ambiguity where there is none as a sophist mechanism. There's no rational way one can argue it's not parenthetical both because of obvious sentence structure and because there are no action words pertaining to the militia, no definition of a militia, etc...
Suppose I'm the principal of a school and I find out people are bringing in guns in their backpacks. I decide to disallow all non-clear backpacks and I send this out:
In order to prevent students from bringing guns and other weapons into school, the use of non-clear backpacks is prohibited.
Now, since I'm not smuggling weapons into school I suppose I can take your bizarro interpretation of English sentence structure and wear a black backpack, right?
Of course not. The opening phrase is parenthetical - I can omit it completely and the sentence still has the same meaning: The use of non-clea backpacks [by anyone] is prohibited.
People have the same problems interpreting the English language when it comes to the second amendment in the US Constitution. The "well regulated militia" clause is parenthetical but through willful idiocy or intentional sophistry some try to claim it's some kind of limiter or restriction.
Name another meaningless parenthetical statement in the Constitution. It's not just the nature of the statement itself, but also its inconsistency with the rest of the document. When something is so inconsistent, one must wonder why. Though, from what nutjobs tell me, just pointing out that it seems inconsistent means I want to take everyone's guns away and kill Jews. So I've never gotten an answer to that question, just people who insist that we should follow the Constitution to the letter, except for that one and only one statement, whatever it may mean.
So ruling that he was claiming they were intentionally promoting bogus treatments and knew and believed they were bogus infers something from the statement that does not necessarily exist.
Bogus implies, but does not require, deceit. Language requires inference. You can't communicate if people refuse to understand. You are asserting that your one definition is the only one that should be used, but that's certainly not the case with language. There are multiple definitions for just about every word. To assert that just one meaning, the one you like best, is the only one that anyone could ever mean is absurd.
Learn to love Alaska
"The right to bear arms shall not be infringed." Done. How's that ambiguous? "Militias, being necessary for defense of the country, shall be able to enlist any person over 18 years of age, and all such members shall not have their right to bear arms infringed." How would you misinterpret that one? Are you really so myopic to assert that it couldn't be more clear? Or are you asserting that it's horribly worded, but better wording wouldn't have mattered because both sides would have just made up whatever they wanted anyway?
Learn to love Alaska
Why do I need to name another meaningless parenthetical statement in the Constitution? What rules exactly are you applying here? You seem to be applying a "it fits my agenda, so I'm going to assume that since there's one instance of a parenthetical phrase in the bill of rights I will pretend it's not parenthetical" rule of some sort.
It doesn't matter if there are 50 instances or 1 instance - English is English. That parenthetical phrase does not accomplish anything, "the right of the people to keep and bear arms shall not be infringed" does. See, that's why we call it parenthetical.
You are asserting that your one definition is the only one that should be used, but that's certainly not the case with language.
I'm beginning to think maybe your reading comprehension isn't so hot. Please see my sentence and the words "does not necessarily exist". Also please note I am asserting absolutely nothing about "one definition", I'm pointing out his words do not necessarily (there's that word again) say what the original judge claims they did.
1) yes, the data indicates so
2) yes, the data indicates so
3) yes, if we're doing it, we certainly can stop doing it. There's the question of whether we started a runwaway effect or not, but in that case we still could slow things down. And in this case, the speed at which it happens is most important.
Two things:
First, the current consensus seems to be against the idea of global warming on Mars, and on the Sun causing it.
Second, your lifestyle doesn't have a damn thing to do with global warming. It either exist or it doesn't, no matter how convenient or inconvenient would that be for you, me, or anybody else.
Why do I need to name another meaningless parenthetical statement in the Constitution?
I'll take that to mean "I don't think there are any others, so I recognize your claim that the statement in question is unique, and thus, as you say, needs more attention as to why it's so unique."
What rules exactly are you applying here?
The rules of logic. Perhaps you've heard of it? It's where things exist because of reasons. If something is meaningless and has no reason to exist, why did so many people waste time creating it? You answer is consistently "I don't know, I don't care, and please please don't make me thing, it gives me a headache."
You seem to be applying a "it fits my agenda, so I'm going to assume that since there's one instance of a parenthetical phrase in the bill of rights I will pretend it's not parenthetical" rule of some sort.
Ah yes, wanting the truth is an anti-conservative agenda. We all know it. It's well known the truth has an anti-conservative bias.
Please see my sentence and the words "does not necessarily exist".
Then what's the problem? You are saying that it does exist, but not in all cases. And there was a lawsuit where there was some confusion over whether it was one of those cases. Making is sound like it's "obvious" when you yourself are stating it isn't seems absurd. But then, I'm sure this is just a liberal conspiracy against the word "bogus."
Learn to love Alaska
No, it's not horribly worded, it's quite clear, even without looking at the extrinsic evidence it's plain and clear on its face, and yet those who dont like what it says are incredibly persistent in misinterpreting it.
Take the same structure and apply it to a different subject and no one would misinterpret it. Like this for example:
"A well-read electorate being necessary to the function of an elective democracy, the right of the People to keep and read books shall not be infringed."
I know we are on the internet so you are on the honour system here, but can you seriously even keep a straight face while arguing that this language would mean that only registered voters have a right to keep and read books?
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Ahh. You think I'm some conservative dummy, and you're arguing against one in your head.
I vacillate between hating left wing douches and right wing dipshits more on any given day. I am pro gun rights, which is about all I have in common with "conservatives". I'm also for fiscal conservativeness but more neo-cons aren't and just claim to be and ballooned the size of the government massively. I mock the conservative's cowardly fear of terrorism to the extent they'd sell out our core American values due to this fear. I despise religion. Patriotism beyond practical patriotism is something you use to keep dumb people in line, and I mock flag-wrapped, teary eyed conservative jingoism.
The truth is English is English. Words and sentences have meaning. You don't get to suddenly pretend maybe something that's parenthetical isn't because it happens to go counter to your agenda.
I do recognize your claim that the statement in question is unique. I dismiss that this is meaningful or needs special attention, unless one has an obvious agenda against gun rights - in which case I'm sure it does. The phrase "bear arms" only shows up once too, Oh Teh Noes! It must mean something, amirite?!
Your fake interpretation doesn't even make sense, why would the second amendment even exist based on this interpretation? The others give we, the people, rights the government must recognize. Oh, except the second one.. It actually gives, what, the fucking government the right to regulate and arm militias? Seriously? You want to play "one of these things doesn't belong", that's a serious one.
You know you won't get our gun rights legitimately by having the Constitution amended so you're applying some transparently sophistic argument and pretending maybe we can take the "living document" approach and reinterpret the English language.
I'm only 90% convinced you know what a parenthetical phrase is. 10% says you don't understand, but 90% says you do and are just playing dumb because of your agenda. Note also that commas do not define it.
Fundamentally the constitution defines the rights of the people and the limits to power of the government. You can, of course, remove the "militia" clause and the sentence, in that scope, means exactly the same thing.
The evidence in support of these predictions has now begun to accumulate so massively that meteorologists are hard-pressed to keep up with it. In England, farmers have seen their growing season decline by about two weeks since 1950, with a resultant overall loss in grain production estimated at up to 100,000 tons annually. During the same time, the average temperature around the equator has risen by a fraction of a degree - a fraction that in some areas can mean drought and desolation. Last April, in the most devastating outbreak of tornadoes ever recorded, 148 twisters killed more than 300 people and caused half a billion dollars' worth of damage in 13 U.S. states. To scientists, these seemingly disparate incidents represent the advance signs of fundamental changes in the world's weather. Meteorologists disagree about the cause and extent of the trend, as well as over its specific impact on local weather conditions. But they are almost unanimous in the view that the trend will reduce agricultural productivity for the rest of the century.
Note the kinds of evidence they use: they cite scientific consensus (even though there really wasn't any), anecdotal evidence that is probably not related, and the fear factor of starving people.
Now, this was in 1976, and the scientific community was already starting to the global warming idea, but it obviously the popular literature hadn't caught up yet. If you go back farther, scientists were talking a little more about global cooling (although as a somewhat distant thing, ice ages and all that). I had a textbook from the late 50s that mentioned global warming, and suggested some methods to mitigate the problems (cover glaciers with black fabric, etc).
Regardless, anyone who lived through the 1970s and remembers people worrying about global cooling is justified in their belief, because there were people trying to spread global cooling hysteria.
Qxe4
Hate to snow on your parade, but that's a myth.
Actually, he's right. Here's a Time magazine article from 1974 which was one of the earlier ones talking about the coming Ice Age. In the 70s, a new Ice Age was the fear (I never heard it called "global cooling"). However, I personally do think the concept of anthropogenic global warming due to CO2 emission is correct FYI. Pretty simple really - higher atmospheric amounts of CO2, plus it's a heat trapping gas = voila! Anthropogenic global warming.
I know we are on the internet so you are on the honour system here, but can you seriously even keep a straight face while arguing that this language would mean that only registered voters have a right to keep and read books?
In an otherwise very explicit and very clear document, having one and only one meaningless clause seems to indicate that they did, indeed, intend some meaning in that. I would say that one reasonable reading of it would indicate that someone who was not and could never be a a member of the electorate could be considered to be excluded. I'm not saying that's the correct reading, but it is reasonable.
What I'm arguing is unreasonable are the people who refuse to even attempt to discuss the points. And I assert it isn't explicitly clear because it allows people, purposefully or otherwise, to misinterpret it. If it weren't at least arguable, then there wouldn't be an argument about it, right?
Learn to love Alaska
Your very unclear assertions aside ("How's that ambiguous?" and "How would you misinterpret that one?" imply that you think the statement is straightforward and clear, but "Are you really so myopic to assert that it couldn't be more clear?" clearly states that you think it could be phrased in a less ambiguous manner, so I will proceed on the assumption you think it is a clear and straightforward statement):
The text of the second amendment is (from http://caselaw.lp.findlaw.com/data/constitution/amendment02/ ):
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Thus, it can be easily interpreted that the people have the right to weapons, but the State is duty-bound to regulate those who do so, as those people are granted the right to carry arms in furtherance of maintaining a Militia. With this interpretation you have a clear mandate for government gun control (at the least by way of registration) and guidelines that anyone who owns a weapon can be called for military duty in defence of the nation. It also does not specify what arms except via way of linking it to said militia, so anything from a derringer to an ICBM would be acceptable for personal ownership, except that at the time of writing, a gun capable of launching hundreds of rounds a minute was not possible, so that's when we start getting in to social context and scientific advances.
So no, your example, while not horribly worded, is still an example of something open to interpretation. Sorry to burst your bubble.
Canada: The US's more awesome sibling.
I vacillate between hating left wing douches and right wing dipshits more on any given day.
Ah, so you are just an argumentative prick. Got it, thanks for the clarification.
Oh, except the second one.. It actually gives, what, the fucking government the right to regulate and arm militias?
I never said that. I guess the reason you are always arguing with everyone is that you don't actually listen to anything they say, and instead make up whatever you like in order to get some attention. Does it give you a little high when you see someone responded to you?
Fundamentally the constitution defines the rights of the people and the limits to power of the government.
Fundamentally, the Constitution (note capitalization - for someone lecturing someone else with English lessons, you might want to pay more attention to what you are doing and less the other person) defines the powers of the government and reserves everything not listed to the states and the people. The unfortunate side effect of listing a subset of our rights in amendments is the nutjobs that think that listing some and explicitly saying "this isn't the full list" means it is the full list. The Constitution does not define the rights of the people. It lists a few in the first 8 amendments and then says that's not all, which is a far cry from being a document designed to "define the rights of the people." You should take a lot more classes on the Constitution before you start lecturing others about it. I've taken a few in law school, have you?
Learn to love Alaska
Your fallacy is in assuming that the initial clause of the sentence is either meant to limit the second or is meaningless noise entirely. Neither is correct. The initial clause does not limit the operative clause, it justifies it.
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I never said it was meaningless, I agree that would be very odd if it were, but that is just a straw-man.
I dont think that would be a reasonable reading at all, as it contradicts the plain meaning of the sentence. It would be simple enough to say "the right of potential voters to keep and read books" if your reading was intended. No, I think the meaning of that sentence is quite clear and unambiguous, to wit: 1. A well-read electorate is necessary to a free society and therefore 2. the state shall in no way interfere with the right of the People to keep and read books. The first clause tells us *why* this right is considered so important as to merit an explicit amendment, while the second clause is the actual operative language of the amendment.
Well, no, actually. Lawyers can argue absolutely anything, that is their stock in trade, and I have found plenty of other people that fit the same mould as well.
So far as I can see, the only thing in the language that is less than clear is the meaning of 'militia' and that is only because we have deviated so far from the founders vision that the word is no longer understood. Delve into the history a bit to figure out what they meant by the word militia and the whole thing makes perfect sense. But even without understanding that word, the operative language and the semantic relation between the clauses could hardly be made more explicit. If it said "The doogliness of the gwantahi being of utmost importance, the right of the People to keep and bear arms shall not be infringed" I could still easily determine the effect of the amendment, the only thing I wouldnt understand would be why this was considered so important.
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The initial clause does not limit the operative clause, it justifies it.
Then there are other justificatory statements in the Constitution, but all others are limiting, like the ones regarding copyright. So why include one that isn't, since there is no other such statement, and it carries no power at all? And the fact you have to change my words in order to dismiss them indicates that you recognize your logic alone is insufficient.
Learn to love Alaska
One article in a non-scientific rag equals major concern? Don't think so.
Confucius say, "Find worm in apple - bad. Find half a worm - worse."
Look up the mercuric memory effect. I'm sure it's well documented on the British Chiropractic Association's website.
Confucius say, "Find worm in apple - bad. Find half a worm - worse."
"A well-read electorate being necessary to the function of an elective democracy, the right of the People to keep and read books shall not be infringed."
Given that the official version is taken to be different in punctuation than your example of changing words, I can only assume that you either are purposefully changing little things to make your point more clear in direct opposition of the truth (I call that lying to win an argument) or you are too ignorant to understand how punctuation may apply (and thus not worth the effort of a reply. I didn't notice the first time you posted it because such substitutions are just rhetorical games anyway and not related to increasing understanding or using logic to address the problem, so I didn't read it with the level of detail I should have (note, I didn't even bother to directly address it, and wouldn't have read it again if you didn't bring it up again).
There are four commas, and the meaning as is, with the commas in place, the sentence is improper English. As such, asserting that it is unambiguous and means exactly what you want it to say and nothing else is disingenuous. You prefer to correct it by deleting commas, thus making it correct (based on your incorrect deletion of commas in your example) but someone could just as easily adjust a relatively meaningless preposition or article. After all, you've announced that you don't mind editing it to fit your preconception.
If it said "The doogliness of the gwantahi being of utmost importance, the right of the People to keep and bear arms shall not be infringed" I could still easily determine the effect of the amendment, the only thing I wouldnt understand would be why this was considered so important.
So you'd attribute no meaning to the first part, even when the meaning isn't clear. And have no wonder why it's the only such statement in the Constitution, where all other similar clauses have meaning. Not to mention the fact that with the extra commas, it's actually incorrect English and needs to have assumptions made to have it make sense. Or, to put it in your fabricated translations, "A well regulated militia, being necessary to the security of a free state, shall not be infringed." When you assert the third phrase is the extraneous one and remove it completely, the sentence then indicates the militia shall not be infringed, and has the correct number of commas so that it is no longer incorrect English.
Learn to love Alaska
Nom du Keyboard (633989) was clearly making the tired old "scientists changed their mind - that means they can be wrong - which means they are wrong" argument:
"Global Cooling! The Earth was going to freeze in 30 years and we were all going to die through mass starvation because crops wouldn't grow. And yes, the Climate Scientists of that time were all behind that farce as well."
He wasn't referring to what the unwashed masses who read the printed equivalent of Faux News thought.
As you admit, it was never close to a majority opinion among scientists. That somewhat contradicts what he said above, doesn't it? You know, about them ALL being behind the scare stories?
I wonder what the origins of the myth are. It was the height of the cold war, maybe it got mixed up with concerns about a soot & fallout from nuclear attacks blocking the sun?
Selective memory effect. There's always somebody spreading hysteria about something. I'm sure you can find a cover story about Atlantis or UFOs from that time if you look hard enough.
And let me repeat, not among the people who actually know what they're talking about, i.e. scientists. To claim that the vast majority of them believed a new ice-age was imminent is simply a lie and has been debunked to death.
Confucius say, "Find worm in apple - bad. Find half a worm - worse."
I wonder what the origins of the myth are. It was the height of the cold war, maybe it got mixed up with concerns about a soot & fallout from nuclear attacks blocking the sun?
It was the ice ages. Presumably at some point in the future we will still drop into another ice age, although it is likely a thousand years or more out. I don't think many scientists will argue with this proposition, even today, but the theory is CO2 will make the earth warmer much sooner. I don't think most people were panicking in those days, certainly it didn't have the publicity push that global warming has today, people (including scientists) were just aware that at some time in the future it was something we might need to deal with. Of course Newsweek was going for sales, and sensationalized it (although the anti-pollution propaganda was probably at its height around that time, and the Newsweek article merely dipped into that trend. I call it propaganda but of course pollution was a serious problem in those days).
Add to that the fact that in the early 70s the weather had been trending downish for two decades or so, there are always people who will try to discern signal from data, which is what the Newsweek article was doing.
Qxe4
The article and some replies imply that widespread agreement means that we should make an appeal to authority our definition of scientific truth. The reality is, the facts speak for themselves, regardless of what anyone says about those facts. Unfortunately, most people are ill-equipped to evaluate the facts. At some point, everyone is ill-equipped, because the breadth of human knowledge is too great. Even so, it is a dangerous thing to place one's thinking in the hands of other people, no matter who they are.
Taking stuff apart since 1969 (TM)
WTF? I didnt delete anything. There are two versions - one was passed by congress, with two commas, a slightly different version was actually copied to the states, with only one comma. Because I happened to quote the latter while you apparently have arbitrarily blessed the former as the one and only true text you call me a liar? Get over it. They attributed no change of meaning to the two variants at the time, they werent so rigidly monotheistic in their spelling and punctuation in those days.
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Friends don't let friends enable ecmascript.
Ah yes. You pick nits with the best of them, but someone responds in kind, and you take your ball an go home. You aren't a middle of the road person, you are a contentions prat who enjoys fights and enjoys fighting with all sides.
Oh, and I'm a conservative libertarian (note, all words lower-case and with the meanings they had 20 years ago, not what Fox News asserts they have now). I too am condemned as a right-wing nutjob by the left and a left-wing nutjob by the right. But all it takes for that is to want a small but responsible government. The "liberals" don't want small, and the "conservatives" don't want responsible.
And anyone that claims they follow the Constitution is a douchebag that twists it to fit their meanings. If not, they wouldn't be a myopic prick that worshiped a piece of paper, and instead would worship the ideals of it, realize it could be flawed, and work to correct those flaws, where they occur. Anyone that implies that the Constitution is Right (as in some universal truth) is a worthless nutjob that isn't worth the electricity to display his inane arguments. It says what it says, which is irrelevant to what is Right and even what's Right may be impractical enough as to be counterproductive. But the absolutists just say "ooh, the Constitution says this, so that's the way it is and should always be." If only the ignorant twit thinking that understood that everyone writing it had first-hand knowledge that governments are, at least to this point, always wrong on at least some points.
Learn to love Alaska
It's a bit too hard for much signal to come out with all the professional noisemakers involved. Ignore all of those and it looks just as simple as it did twenty years ago.
Do the incredibly obvious and ignore anyone who has their main strength in advertising, political journalism, tent show miracles, metals futures or oil drilling. Just listen to the people that have something to do with climate in their day job.
You mean England *and Wales* not just England.
There are two versions - one was passed by congress, with two commas, a slightly different version was actually copied to the states, with only one comma.
http://en.wikipedia.org/wiki/Second_Amendment_to_the_United_States_Constitution Two commas? Or three? Yes, they played loose with the language then, and that leads to some ambiguity now, as you could delete a phrase in the middle and leave the structure as correct as deleting the start, and the one you delete can greatly change the meaning. If you are already playing fast and loose, there's nothing that prevents the dependent clause from being placed in the middle of the sentence with segments of the independent clause on both sides. Personally, I'd like to see the damn thing replaced. Use modern language, use more rigid punctuation and use of conjunctions so that it can't be misinterpreted by either side. But I've seen that suggested before, and the gun lobby saw it as an attempt to repeal the Second Amendment and fought against any clarification of it.
Learn to love Alaska
He's right, though. You did an experiment, but so what? They may have lied to you about the outcome of the experiment. You trusted them when they said that "if this happens, it's confirmed."
Clever signature text goes here.