1 00000001 00000001 A15 draft A1501 A1502 Moskos, Glastris Wash Monthly 20021104 Not enuf ppl for home se We will not be able to meet all of our homeland defense needs with reservists. Moskos proposes a draft of 18 months, including women, no deferments, with choices of serve. A draft brings cultural awareness into the defense effort. A draft recognizes that freedom always implies shared sacrifice and the circumscription of external threats 0 0
2 00000002 00000001 A15 draft A1502 A1501 JWB OFR Draft as slavery A draft would constitute involuntary servitude or slavery, and would even violate the right to life by forcing one person to sacrifice himself for another. “Do Ask Do Tell”
0 0
3 00000003 00000001 A15 draft A1503 JWB DADT Ch 2 Draft and gay ban A draft would have to deal with the military gay ban. It could have indirect effects on defense-related employment for gay civilians later 0 0
4 00000004 00000001 A15 draft A1504 A1505 JWB dadt site national service A draft should be enlarged as mandatory national service, include women, spread out over many years to serve obligation, would inculcate ethics and shared sacrifice 0 0
5 00000005 00000001 A15 draft A1505 A1504 JWB dadt site volunteers National service would trample effective volunteer programs 0 0
6 00000006 A16 terrorism A1601 JWB dadt 2 political problem The Sept 11 2001 terrorist attacks on America may have a rather conventional political explanation. That is, draw the U.S into a war, mount a propaganda campaign to rouse the “Islamic” masses, and overthrow Saudi Arabia and become the “Fuehrer” of the Islamic world. There are issues about Israel, that the Clinton administration wanted the Taliban to help with an oil pipeline, etc. 0 0
7 00000007 A16 terrorism A1602 JWB dadt 2 religious aspect The “religious” martyrdom of the Sept 11 terrorists –some well-educated and “spoiled” -- is particularly sinister. We’ve seem this before – Jonestown, Heaven’s Gate, the Japanese subway attacks. Ironically, fundamentalist Islam maintains that God ordains that some people are superior to others, yet religious ideology seems to target Western-style “meritocracy.” 0 0
8 00000008 A16 terrorism A1603 A1604 civil liberties Recent anti-terrorist legislation may be unconstitutional and violate the 4th Amendment. Pen registers, wiretaps, Carnivore, etc. may target citizens who are not engaging in terrorism. Searches with little court protection may also do so. Profiling may occur (singling out persons of Middle-eastern origin) and there could be a slippery slope where
”victimless crime” laws (marijuana, vice, sodomy, vice) become a law enforcement tool to nab people the government only suspects of terrorism. Police often maintain that enforcing laws against minor offenses are important in reducing serious crime.
0 0
9 00000009 A16 terrorism A1604 A1603 Krauthammer Wash Post WMD It is absolutely imperative to maintain the intelligence and law-enforcement tools to prevent further homeland attacks with weapons of mass destruction == or else freedom becomes meaningless. A few small nukes could destroy our society. 0 0
10 00000010 A16 terrorism A1605 A1606 Tom Ridge media outlets live normally Americans should lead normal lives but remain vigilant. Otherwise the “terrorists win.” 0 0
11 00000011 A16 terrorism A1606 A1605 McKibben Mother Jones solidarity/sacrifice The attacks have, besides causing many deaths and injuries, significantly reduced our wealth and efficiency. There is no way to get around “sacrifice.” In an individualistic society, the “unlucky” or unprepared will make more sacrifices than others. “That’s the breaks.” But we need to rethink some of our values, away from consumerism and money. We need to factor in the idea of having responsibility for others. We need substance as well as short-term gratification. 0 0
12 00000012 B11 familyvalues B1101 B1102 B1103 JWB dadt 5 family wage Families cannot compete well in a society whose contractual practices treat everything on the individual level 0 0
13 00000013 B11 familyvalues B1102 B1101 Burkett Baby Boon cheat childless Pro-family policies by government and employers “cheat” people who don’t have children. 0 0
14 00000014 B11 familyvalues B1103 B1101 Warren 2 Income Trap best lineage To provide best advantages for their kids, parents feel pressured to buy overpriced homes for best school districts and take on too much debt 0 0
15 00000015 B12 Eldercare B1201 B1202 ING Long Term Care Governments no longer want to have to provide custodial care; individuals and families should consider LTC insurance 0 0
16 00000016 B12 Eldercare B1202 B1201 B1203 Siverstone You and Your Aging Paren filial responsibility Maybe we need filial responsibility laws again. A few states have them, but they bascially became moot with Medicare 0 0
17 00000017 B12 Eldercare B1203 B1202 Silverstone You and Your Aging Paren Medicaid asset depletion Some parents give away assets to kids and file for Medicaid for nursing home Medicaid ICF eligibibility 0 0
18 00000018 B12 Eldercare B1204 friend CC dead hand “the dead hand” – even today wills, even after collection, can be reversed if the recipient fails to observe a condition. It may be a condition predicate or a condition subsequent. For example, it is possible that a child could forfeit an inheritance to siblings if he or she divorces within a certain number of years after receiving the bequest, or even if the child moves away from home without marriage. This is not common today in the United States; it was quite common in Victorian England. 0 0
19 00000019 B15 Gay marriage B1501 B1502 Sullivan Fundamental right Argument: There is a fundamental right to marry, and this means that gay people should have an equal right to marry members of their own sex that straight people have to marry members of the opposite sex. 0 0
20 00000020 B15 Gay marriage B1502 B1502 Conservatives Only opposite sex There is only a fundamental right to marry members of the opposite sex 0 0
21 00000021 B15 Gay marriage B1503 B1504 Rauch Good for America Gay responsibility Same-sex marriage would encourage monogamy among gays and would therefore help safeguard public health. It would also encourage gays to take responsibility for others and learn “family values”. Would need gay adoption. Encourages everyone to have a committed backup; marriage for love as well as children; but still one should know his own identity before expecting identity through a relationshio. 0 0
22 00000022 B15 Gay marriage B1504 B1503 B1505 Gallagher, other Complimentarity Same-sex marriage undermines marriage as a social institution that others believe in, and is not credible because homosexuality is essentially narcissistic. Same sex marriage insults the idea of personal identity through blood, kinships, lineage, procreation 0 0
23 00000023 B15 Gay marriage B1505 B1503 Morse Complimentarity Most men only learn to bond as parents with kids, outside of the adult world, through being tamed by women 0 0
24 00000024 B15 Gay marriage B1506 JWB DADT 5 arg Moral argument Family is the granularity of individuality; it enforces some caring for others that can be extended; to go outside of family first is cheating 0 0
25 00000025 B15 Gay marriage B1507 B1507 full faith and credit Romer and Lawreince contain languare that would void DOMA 0 0
26 00000026 B15 Gay marriage B1508 B1508 public policy states can defend their own public policy (except for animus) 0 0
27 00000027 B15 Gay marriage B1509 Murray Public Interest governance to avoid hurting equal protection, don't define marriage in Constitution, just specific powers 0 0
28 00000028 B21 AffirmAction B2101 B2102 judge people on merit Affirmative action should be construed as “aggressive non discrimination.” People should be chosen for educational or employment opportunities on the basis of individual merit alone, in a race, ethnicity and (in most cases) gender-blind way. It may be right to consider balancing opportunities in individual circumstances of documented economic disadvantage. 0 0
29 00000029 B21 AffirmAction B2102 B2101 Group remedies Affirmative action preferences are necessary for social justice. Protestant white males start ahead in line. And social justice can, in a practical sense, be accomplished only with reference to groups, not individuals within the groups. Most people are not ashamed to inherit group assistance. 0 0
30 00000030 B21 AfformAction B2103 B2104 Exxon Diverse representation Affirmative action preferences provide needed diversity in campus education, as well as needed minority doctors and lawyers and other professionals for minority communities. 0 0
31 00000031 B21 AffirmAction B2104 B2103 Segregation Affirmative action preferences support an segregation mentality. 0 0
32 00000032 00000006 B23 Gay military B2301 B2302 Sam Nunn Unit cohesion The presence of “open” gays in military units would violate the privacy of non-homosexual soldiers given the non-sexual bonding, unit cohesion, close quarters, forced intimacy, “hot bunking” and sometimes other very intimate situations (like sharing ponchos in cold weather exercises), and by definition military personnel must be deployable into any situation. 0 0
33 00000033 00000006 B23 Gay military B2302 B2301 A Belkin CSSMM Foreign militaries Military services of Britain, Canada, Israel and Australia have not experienced difficulties with unit cohesion or “privacy” after lifting the ban. 0 0
34 00000034 00000006 B23 Gay military B2303 JWB Live and Let Live Gay soldiers should make open publication of sexual orientation but should serve without witch-hunts or asking or harassment. 0 0
35 00000035 B31 COPA B3101 ACLU minors definition For COPA (Child Online Protection Act) the term “harmful to minors” is vague because it could refer to “all minors.” Then according to “community standards” web content could be determined as “harmful to minors” if it would appeal to the prurient interest of immature minors and therefore not have “serious value” to them. 0 0
36 00000036 B31 COPA B3102 B3106 JWB serious value national For COPA (Child Online Protection Act) the term “harmful to minors” allows exclusion of material with serious value to a “legitimate minority of older minors” according to various state laws and existing case law that has interpreted the concept that way. This “third prong” is, according to case law, not affected by local community standards because the “serious value” concept is viewed as broadbased. (The “legitimate minority” idea is less clear for the first two prongs.) Thus, Sexual discussions that have legitimate (if controversial) value to older minors is not regarded as “harmful to minors” if is not more gratuitous than necessary (in attracting web traffic) to make its point To interpret this differently would put obscenity laws at risk as they apply to the Internet. 0 0
37 00000037 B31 COPA B3103 Olson oral args commercial responsibilit For COPA (Child Online Protection Act) commercial web publishers owe the public due diligence in protecting children since the web offers them a worldwide audience so inexpensively. And technical solutions (like adultcheck) are available now. Theoretically, this argument could be extended to say that strict scrutiny may not protect a commercial web publisher that has not shown the due diligence expected with commercial scale to protect the public. (But this gets back to money-based arguments common in business today.) 0 0
38 00000038 B31 COPA B3104 Kennedy opinion 2004 content-based restrictio For COPA (Child Online Protection Act) a per-domain adult check would drive away traffic from content that is normally protected and normally marginally “adult”; other solutions like PICS are much less restrictive. .

Also the “commercial due diligence” arguments could wind up favoring some points of view (as on “gay rights”) when presented to teenagers over others. This amounts to a content-based speech restriction, which requires least restrivtive means analysis to meet compelling state interest.
0 0
39 00000039 B31 COPA B3105 3rd Circuit denominator For COPA (Child Online Protection Act) the phrase “taken as a whole” in the serious value prong might be hard to interpret, Does it refer to one html file, to a whole domain, or to the volume of material that a minor is prospectively expected to read and comprehend. 0 0
40 00000040 B31 COPA B3106 B3102 ACLU overbreadth For COPA (Child Online Protection Act): the DOJ seems willing to consider the definition of HTM to essentially be restricted to pornography, inasmuch as what would be prosecuted. However, even the DOJ admits that some plaintiffs have borderline content (in terms of sexual explicitness as to sex acts and organs) that might be “harmful to minors.” A prosecutor in some community could apply his or her own interpretation of this concept on a particular domain. Although this might seem unlikely given case law on state HTM’s and on the fact that the DOJ is already conservative in its approach, the Supreme Court, in a worst case scenario, could state that HTM may be applied to adult subject matter on its face, if a prosecutor believes that a web operator is using adult content to attract attention that it cannot justify with normal business and economic scale (enough scale to offer due diligence). Thus, in a worst case scenario, only already profitable businesses could offer adult content, or newbies could get into the commerce of adult political opinion only if they did something else to establish themselves in the media or publishing worlds first. . Of course, this would interfere with the fair debate needed in the political process, so important to conservatives who disapprove of judicial activism to settle social issues. 0 0
41 00000041 00000004 B31 COPA B3107 Stevens opinion 2004 civil v criminal For COPA (Child Online Protection Act) the civil penalties may well have a chilling effect on small web operators with “borderline” putatively HTM content. The standard of proof is less (51% - a preponderance of the evidence) and the defendant could have enormous legal bills. 0 0
42 00000042 B32 selfpub B3201 B3202 JWB dadt 2 9 authentication “Self-publishing doesn’t count.” Self-publishing does not have the supervision and outside editing necessary to give the product credibility for the consumer. There is more credibility, and even better security and better protection of the public in sensitive content areas, if the author does not use his own money to publish commercially and some kind of “Chinese Wall” is followed. Authorship and publication, if for eventual commercial gain, should always fund from separate and independent sources. 0 0
43 00000043 B32 selfpub B3202 B3201 JWB dadt 2 9 open source Self-publishing provides valuable content to the public and to the consumer when it would be difficult, at least for a lesser known author, for a trade publisher to justify the investment in the author in economic terms. The author is likely to feel that the ability to do this improves social credibility without giving in to the goals dictated by others. 0 0
44 00000044 B32 selfpub B3203 JWB leverage lublicity Self-publishing on the web often involves mentioning others by name. Even if no-robots metatags are used, some search engines would pick these up and index them (at least from static HTML pages). Others may find themselves mentioned on the Net years after sime episode with which they no longer want to be publicly associated. But if the episode is of public significance (such as for public policy decisions) the First Amendment would still favor the speaker. However, it has been acceptable to write books based on personal experiences. For example, a telephone lineman wrote a novel based on the idea of listening in on lines being repaired (to fictitious conversations). 0 0
45 00000045 B32 selfpub B3204 JWB pay your dues Self-publishing on the web often involves mentioning the writings of others as bibliographic references and footnotes or endnotes. This is expected in term papers, dissertations, and scholarly works. However, since web self-publishing is much less regulated or quality-controlled, and much larger in volume, the references might be construed as giving the author a credibility that he or she otherwise has not earned. 0 0
46 00000046 B32 selfpub B3205 JWB unauthorized links If might be possible for web-publishing packages to adopt an icon and a convention for authorizing web linking (either any links authorized, specific sites authorized, no links authorized, or perhaps all unframed links authorized, or maybe all links from non-profit sites). 0 0
47 00000047 B32 selfpub B3206 JWB press v speech A freelance writer was jailed for contempt of court for refusing to turn over notes on a crime. The court held that a freelance writer is not a member of the press and does not enjoy the same immunity or degree of First Amendment protection. 0 0
48 00000048 B32 selfpub B3207 JWB conflict of interest If someone self-publishes his own idea, and works in a salaried professional capacity, then he cannot publicly represent the ideas of his employer at the same time. Therefore a selfpub writer should not have direct reports, give grades, speak for a company, or work for a fraternal company. 0 0
49 00000049 B32 selfpub B3208 Runaway Jury jury motivation A prospective juror who might want to write an article on the trial after it is over should not be selected. 0 0
50 00000050 B41 sodomy laws B4101 Blackmun Bowers v Hardwick left alone There is a fundamental right to be left alone. There should be a fundamental right (for adults) to make the most intimate choices about intimacy with other consenting adults without government mediation. 0 0
51 00000051 B41 sodomy laws B4102 White Bowers v Hardwick no fundamental right There is “no such thing as a fundamental right to engage in homosexual sodomy.” Claims to right to privacy must be buttressed in traditional notions of concomitant obligations, like marriage and procreation. .Sodomy laws are needed to enforce social standards and, in the views of some, to protect public health 0 0
52 00000052 B41 sodomy laws B4103 Kennedy Lawrence v Texas autonomy Liberty protects the person from unwarranted government intrusions into a dwelling or other private places. In our tradition the State is not omnipresent in the home. And there are other spheres of our lives and existence, outside the home, where the State should not be a dominant presence. Freedom extends beyond spatial bounds. Liberty presumes an autonomy of self that includes freedom of thought, belief, expression, and certain intimate conduct. The instant case involves liberty of the person both in its spatial and more transcendent dimensions. 0 0
53 00000053 C12 social secur C1201 Cato booklet Ponzi scheme Social Security is essentially a Ponzi scheme. Some workers will not recover what they have paid into it. Claims that it is solvent for a long time are based on questionable accounting practices. Workers should have control and responsibility for their own retirement plans, not for those of others. 0 0
54 00000054 C12 social secur C1202 FDR New Deal redistribute wealth Social Security is just that. It has a tax component, to transfer wealth from those working to those not working, and that is how it started. 0 0
55 00000055 C12 social secur C1203 Longman Empty Cradle Low birth rate Low birth rate is the problem; relieve people who have kids resp. to pay social security tax 0 0
56 00000056 B11 familyvalues B1104 Boushka DADT filial responsibility Many people have only blood family to live for and feel cheated by family members who fly the coop 0 0
57 00000057 B11 familyvalues B1105 Boushka DADT filial responsibility Family might be all there is left if technological civilization is destroyed 0 0
58 00000058 B11 familyvalues B1106 Boushka DADT filial responsibility Filial respnsibility could be connected to allowing gays to marry, parent, and serve in the military 1 0
59 00000059 B32 selfpub B3209 Boushka fcps fundamental right In some jobs it is not always a fundamental right to publish one's own views, if they could disrupt the workplace or be viewed as self-incriminating 0 0
60 00000060 00000004 B31 implicit con B3110 Boushka website implicit content immature student may mimic action or feel enticed if author has no apparent reason for posting 0 0
61 00000061 00000007 B32 implicit con B3210 Slaytor Washington Post professionalism Employers watch applicants' sites, want them to be professionally managed by 3rd parties, and view amateur sites as conversation B3211 0 0
62 00000062 00000008 B33 implicit con B3211 Nakashima ad M S Washington Post others posts rumors posted by others on web can ruin job prospects, and bloggers have no legal training as to the defamation they can commit B3210 0 0
63 00000063 00000009 B12 elder single B1205 Brian Williams NBC Nightly Snyderman elderly singles may not have children to care for them bt may have to care for their own parents B1204 1 0
64 00000064 00000010 B23 Gay military B2304 B2301 SLDN SLDN Osburn Gay discharges went down in Iraq war 0 0
65 00000065 0000 B12 eldercare B1205 self Coronoary bypass at 85 supports single payer 0 0