Hate-Crime Prosecution Qua "Consumer Protection"
Justice Elena Kagan has been interested in establishing "hate crime" laws via existing pornography legislation. This is the first I've heard of attempts to prosecute "hate" by appealing to "consumer protection" regulations (!).
President Carter named in $5 million lawsuit over his "Palestine" book
Washington PostBy Stephen LowmanFebruary 2, 2010
More than four years after its publication, five disgruntled readers have filed a class-action lawsuit against President Jimmy Carter and his publisher, Simon & Schuster, alleging that his 2006 book “Palestine Peace Not Apartheid” contained “numerous false and knowingly misleading statements intended to promote the author's agenda of anti-Israel propaganda and to deceive the reading public instead of presenting accurate information as advertised.”
The five plaintiffs named in the lawsuit are seeking at least $5 million in compensation. The hard cover edition cost $27.
The suit accuses Carter and his publisher of violating New York consumer protection laws because they engaged in “deceptive acts in the course of conducting business” and alleges that they sought enrichment by promoting the book “as a work of non-fiction.”
In a press release, one of the attorneys, Nitsana Darshan-Leitner stated: "The lawsuit will expose all the falsehoods and misrepresentations in Carter's book and prove that his hatred of Israel has led him to commit this fraud on the public. He is entitled to his opinions but deceptions and lies have no place in works of history."
Adam Rothberg, a spokesman for Simon & Schuster, said in a statement sent to The Washington Post: “This lawsuit is frivolous, without merit, and is a transparent attempt by the plaintiffs, despite their contentions, to punish the author, a Nobel Peace prize winner and world-renowned statesmen, and his publisher, for writing and publishing a book with which the plaintiffs simply disagree. It is a chilling attack on free speech that we intend to defend vigorously.”
Requests for comment from Carter’s spokeswoman were not immediately returned.
From the outset, Carter’s book was criticized in some quarters for being one-sided. For instance, in his review for The Washington Post, Jeffrey Goldberg wrote:
“Palestine Peace Not Apartheid is being marketed as a work of history, but an honest book would, when assessing the reasons why the conflict festers, blame not only the settlements but also take substantial note of the fact that the Arabs who surround Israel have launched numerous wars against it, all meant to snuff it out of existence.”
The suit, Unterberg et al v. Jimmy Carter et al, was filed yesterday in the U.S. District Court for the Southern District of New York. Its attorneys say this is first time a president and publisher have been sued for violating consumer protection laws.
A copy of the complaint can be found here.
Carl Schmitt (Part II)
It was in the context of the extraordinarily difficult times of the Weimar period that Carl Schmitt produced what are widely regarded as his two most influential books. The first of these examined the failures of liberal democracy as it was being practiced in Germany at the time. Schmitt regarded these failures as rooted in the weaknesses of liberal democratic theory itself. In the second work, Schmitt attempted to define the very essence of politics.
Schmitt's The Crisis of Parliamentary Democracy was first published in 1923.* In this work, Schmitt described the dysfunctional workings of the Weimar parliamentary system. He regarded this dysfunction as symptomatic of the inadequacies of the classical liberal theory of government. According to this theory as Schmitt interpreted it, the affairs of states are to be conducted on the basis of open discussion between proponents of competing ideas as a kind of empirical process. Schmitt contrasted this idealized view of parliamentarianism with the realities of its actual practice, such as cynical appeals by politicians to narrow self-interests on the part of constituents, bickering among narrow partisan forces, the use of propaganda and symbolism rather than rational discourse as a means of influencing public opinion, the binding of parliamentarians by party discipline, decisions made by means of backroom deals, rule by committee and so forth.
Schmitt recognized a fundamental distinction between liberalism, or "parliamentarianism," and democracy. Liberal theory advances the concept of a state where all retain equal political rights. Schmitt contrasted this with actual democratic practice as it has existed historically. Historic democracy rests on an "equality of equals," for instance, those holding a particular social position (as in ancient Greece), subscribing to particular religious beliefs or belonging to a specific national entity. Schmitt observed that democratic states have traditionally included a great deal of political and social inequality, from slavery to religious exclusionism to a stratified class hierarchy. Even modern democracies ostensibly organized on the principle of universal suffrage do not extend such democratic rights to residents of their colonial possessions. Beyond this level, states, even officially "democratic" ones, distinguish between their own citizens and those of other states.
