BiddiesInMyBrain

More on the Memphis Police Department Blogger Case

As I said in this post, it would appear that Larry Godwin et al are chasing down the leakers who are responsible for information being given to the press about the Dexter Cox/Big Ed case (the other cases being investigated are the Lester Street Murders and the death of police Lt. Ed Vidulich). These leakers are currently protected by the Tennessee Shield Law and the First Amendment for leaking to Thaddeus Matthews, a local radio talk show personality, but Godwin thinks he can get the data through the MPDEnforcer 2.0 website and its participants.

Now, the Tennesse Bureau of Investigation is going after the charges to see if they can stick - seeing if the sealed Chancery Court case has merit. Evidently the tack they are taking is the "misuse of official information" clause in the Tennessee Annotated Code as it applies to law enforcement to see a crime was actually committed by leaking the information. Still, the Tennessee Shield Law and the First Amendment *should* cover these officers, whomever they are, since they are doing so as whistleblowers in what appears to be corruption on the part of the police department.

I believe that the TBI will find that the Larry Godwin and the City have no legs to stand on with this insane witchhunt. If not, it will be a chilling state of affairs for all of us on the internet - and all whistleblowers everywhere.

We Unitarians... We're a Strong Denomination

I am fully in agreement with the wonderful post made by Sara Robinson on the Orinicus website. (huge hat-tip to Jess at Best of UU for reposting on her blog, which is carried by http://UUpdates.net). As Sara says, we Unitarian Universalists are a strong people ... and have a long history of being "persistent and gentle... in our insistence on liberal values," and a an equally long history among the people of the world for our heartfelt, steadfast beliefs. We are not a lukewarm people, nor are we without morals or boundaries. To say otherwise is to completely miss the mark.

What we are is love and compassion and determination. We forgive at the same time we work for peace and understanding. And, we are committed to making the world a better place than we found it. I am so proud to be a Unitarian Universalist.

May the people who are affected by the Knoxville shooting find peace, especially the children ... and may the shooter, Jim Adkisson, find acceptance and healing even as he faces a terrible future.

I Dissent: Why It Matters

I was reading today's Beacon Broadside about dissenting justices on the Supreme Court and what purpose they serve - especially when they write long treatises on the reasons for their dissent - and I was struck by Dr. Tushnet's position. If I understand him correctly, he is a bit hazy on the ultimate reason for long written dissents on the Court - what purpose they serve in the wider community and nation.

To me it is quite simple. Dissent is a cherished part of our intellectual and political framework and heritage. Certainly, had the dissenting Justices on the Dred Scot case (Curtis and McLean) written clear, reasoned and well-backed dissents on the case, not only would future litigants have some starting point for their claims, but we as a nation could be assured that the spirit of dissent was not just lip service, but a real, thought-out understanding of case law and the Constitution. Dred Scot was a horrific case and, in my opinion, Chief Justice Taney, as a man of very strong opinions, worked very hard behind the scenes to engineer an opinion in which he passionately believed. But how would we know anything of the dissenters' opinions without their written rebuttals? This is just one example... there are so many more - so many. Take Bush v Gore (2000) - that case *needed* dissenting opinions, if only to state what went horribly wrong with the Constitutional process.

I follow dissenting opinions on the Court with a great deal of interest. I find that they frequently mirror concerns and issues that could have or should have held great sway in the ultimate court of the land, and to know that these Justices are humanly involved in the nuts and bolts of cases and how they apply to the living Constitution is critical to my faith in the three-tiered government we have. I do not want stone idols casting their pronouncements from their marble house; I want real men and women thinking through these cases and stating their honest opinion - be they dissenting or concurring.

Therefore, I am a bit confused as to Dr. Tushnet's apparent position in this article. Dissents are not tainted with the mark of "self-indulgence" as he appears to claim, in my opinion. They are real, viable and critical opinions of people who are appointed to do nothing but to defend and interpret the Constitution. I *want* to know that there is dissent, and that there is another side to the story, even - and perhaps especially - in those cases with which I disagree with the dissenters. It *is* a story of today and the future - and we should respect that. Without dissent we go nowhere... and I sincerely hope that Dr. Tushnet is not suggesting that the publication and dissemination of dissent should be suppressed, because that would not be that nation I live in, hope for, dream of. In those kernels of dissent live our future - and our future is the most precious thing we have apart from today.

May we nurture the spirit of dissent and keep it strong.

Relief Fund for the TVUUC/Knoxville Shooting Victims

For those of you who have asked, a relief fund has been set up by the Thomas Jefferson District of the UUA for the victims of the Tennessee Valley Unitarian Universalist Church shooting which occurred on Sunday. Ongoing coverage through the Unitarian Univeralist Association can be found here.

In the meantime, our church, Neshoba Unitarian Universalist Church, is holding a Peace Vigil in support of our fellow church and its members tomorrow night, Wednesday, July 30 at 6:30 pm. We are located at 7350 Raleigh-LaGrange Road in Cordova, TN at the northeast corner of Shelby Farms (the intersection of Mullins Station and Raleigh-LaGrange). All are welcome to this quiet, peaceful, reflective time of love and hope.

Yet ANOTHER Botched Larry Godwin Piece of Idiocy

Larry Godwin has possibly screwed up one, if not two cases currently in the process of investigation and prosecution through his association with the A&E crime show, the First 48. The DA is urging Godwin to sever ties with the show due to the problem that the shows that are airing - one of them tonight - are pending criminal cases, and may be creating inadmissable evidence despite the appearance of openness and detectives doing their job.

Don't get me wrong - I am not criticizing the detectives in the Memphis Police Department - this lands squarely in Godwin's lap and poor judgement. You just don't do things like this that can negtively affect the outcome of a criminal case. Ever.

I hope the DA throws the book at him, and that sanctions go all the way to the Supreme Court of the State of TN. The Lester Street Murders and the Taylor Bradford Murder both deserve better, especially a clear prosecution of their cases. They don't deserve the meddling of some jackass looking for fame. We have enough problems in this town that need attending to - plenty of crime to solve without devoting scarce resources to television shows - and Larry Godwin does not appear to be the top cop to do it.

Sad and Anxious

I have no idea what to say about the shootings in Knoxville yesterday at the Tennessee Valley Unitarian Universalist Church. We found out about this in church yesterday - one of the congregants had heard about it on the news before coming to church and let all of us know during Joys and Concerns. Last night I was so I was so upset about the situation that I shut off my computer just after I posted here; I basically spent the evening thinking about the horror they went through - especially the kids - and how Unitarian Universalist churches are peaceful, gentle places - active and strong congregations, but accepting and warm - we take in most anybody. How anyone could blame a liberal, loving family chuch for their woes is beyond me. As one of our fellow UUs pointed out, one of the hymnal songs states "We are a gentle, angry people" ... and that kind of sums up how I feel today - gentle, kind, and angry. Angry at the injustice of this senseless act. When a fund is set up to help the congregation, I will let you know... until then, I am going to think - and think some more. This is going to occupy my mind for quite a while.

Meantime, Crash has pneumonia - and is utterly miserable. This is the last week before school starts for him, and he is going to be spending it in bed. Poor guy. :::hugs::: I wish I could make him better ::voila:: but instead, he's going to get goodies and homemade chicken noodle soup (his request) and fruit salads and anything else he wants. Good heavens. This is *not* what he needs right now, and he is stuck in line at the hospital waiting for an x-ray... he drove himself this morning rather than getting me up for his doc appointment, which he made early this morning. Stubborn, stubborn man. ::sigh:: Hopefully this will be a quick recovery.

Don't know much else. I am going to sign off for a while and contemplate things. It's going to be a long, long day.

::silence::

For my brethren at the Tennessee Valley Unitarian Universalist Church as they work through the tragedy that occurred during morning services there today.

::::silence::::

Ruminations

The whole mess in our city - mayoral politics, city schools, city council, police department - all of it, is making me quite cranky again, and while I am quite willing -and able - to fight the good fight (and will continue to do so here) it's well, amusing and sad, to find that some really creepy people are stalking me and my specific posts about the police department. All I can say to those people is to get a life. It is my right and duty as a citizen to speak out against moral injustitces - and real, concrete problems - in our government, and you're not going to shut me up.

In other news, tomorrow Crash and I are playing in church - we've chosen a bunch of nice pieces for violin and piano, and will (I hope) do well for our visiting pulpit guest, Connie Barlow. I haven't played piano in ages, and while it comes back pretty easily, I second guess myself... but Crash is so easy to play for, and we have such a good connection that it is a gentle and easy thing to fall back into it. As for Connie Barlow, I am really looking forward to hearing what she has to say. She and her husband, Rev Michael Dowd, are both speaking at UU churches in town tomorrow - he at Church of the River, and she at our church - and it should be an exciting time. Rev Dowd will be speaking at our church on Monday night at 7 as well.

Crash is not feeling well today. I think it has to do with lifting out a moldy old air conditioner to have it cleaned and refurbished at his folks' house yesterday; he's stuffy and coughing and his back hurts. Poor guy. And this his last full week of vacation.

Went to the doc yesterday and found that, officially, I have lost 20 pounds since February, and 18 of them since late May. Hmmm. Tried on a bunch of clothes today that I have been holding onto for ages because I just couldn't bear to part with them, but they were much, much to small... and viola! They fit! I am sending a pile of my old clothes to a friend of mine - some of them are just lovely - and some of them I am going to alter before school starts. Maybe. They pretty much look ok as loose, swirly things (they're mainly dresses) and I can wear them on teaching days. It's nice to be losing the weight, but dang... I wish I had *some* appetite... this thing of only wanting two cartons of chocolate soy milk during the day has got to stop; I need more nutrition than that. Dinners are a struggle to get down, and last night I pretty much resorted to more soy milk and a vitamin - nausea was too intense. Doc is working with me to help get more food down, and I am to report back to him in a month - sooner if this doesn't wane some in the next week or two.

Looking forward to school starting next month - this is the first time I have been excited about school starting in a while; last year and last semester I was filled with trepidation. Not so this year - at least not yet. I am feeling much more confident in my teaching and in my research and things are going much, much better at this point in my career.

Well, I am off to peruse the CA and other news outlets (I ::heart:: Google News) to see what's going on this weekend in city government and various other stupidity around town; breaking news doesn't stop in this county just because it's the weekend. You may see me back here in relatively short order. What a state of affairs we have here. ::shaking head:: 

More in the Memphis Police Department v Blogger Case

Interesting twist today.

Ends up that a local - and very controversial talk show host - Thaddeus Matthews - has filed suit in Chancery Court to unseal the Godwin-Blogger case. Apparently, Matthews believes - with some merit - that the police department is trying to get to his unnamed sources in the police department who have been supplying HIM with confidential whistleblower information which is protected under the First Amendment and Tennessee's Shield Law.

Meanwhile, yesterday, Hizzoner Mayor Herenton stated that this whole thing was "not about whistleblowers" and that there are "serious issues" behind the case. Yeah. Right.

As the Editor said in today's Commercial Appeal it would be "nice to think that this is not about vindictiveness" but the appearance of it does not make it so. It *is* a "ham-fisted pusuit of bloggers' identity ... [and] an improper use of public resources."

Interesting thing is, I've gone back through my stats and referrers from the past couple of days... and even I have been hit by someone looking for my specific ISP and post ID. Go for it. I have never hidden my derision about this city's corruption behind a cloak of anonymity - and I have been honest in my hits. They're barking up the wrong tree if they think I've got anything to say beyond what is here.

Further, I *know* I was the third listing on Google for most of the day yesterday if you searched for "memphis police department blog". I looked based on a referrer. If they see that as a threat, well, as the Knoxville News Sentinel says, "This one is shaping up to be the online version of smashing down the wrong door."

Get over it, Godwin - and Herenton - and whomever else is so thinskinned that you can't take some honest heat. There's corruption in high places in this town and it HAS to go if we are ever to rise above the spot we're in. And if that means you have to go, too, well, that's a problem of your own making, now, isn't it?

Cyber Bullying by the Memphis Police Department

Check out this article about the Memphis Police Department's attempt to crack down on a website that is critical of the police director, MPD policies and staff. The City has actually joined in on this and filed suit to find out who the anonymous blogger is behind the site, which, while admittedly edgy, does not use data other than what is available through anything but the public record or the rumor mill in the MPD. (the blogger's site can be found here). Can anyone say First Amendment?? Just because Larry Godwin doesn't like what is being said about him and about his force does not mean that he can file suit to shut down a website which is saying things that are legal (though sometimes in bad taste... the Asshole of the Month thing is a little borderline, but I see where it's coming from).

Meanwhile, the main blogger, who posts under the amusing name Dirk Diggler, has retained an attorney, Paul Levy, who is part of a Washington DC-area group called Public Citizen Litigation Group, and he is seeking to quash the attempts by the MPD to obtain the name(s) of the bloggers - and to find the legal basis for the Director Godwin's witchhunt. (read more here and another good one here at the Memphis Flyer)

This is nothing more than another example of how the top administration in this city has collectively gone plumb out of its cotton-pickin' mind. Power plays by Hizzoner the Mayor Willie Herenton over the Superintendency of the School Board, the City Council's petulant move to cut funding for the City Schools, the ongoing fraud investigations (and convictions) within upper echelons, and now this... it really makes me wonder what on earth they think they are doing up there in their marble towers. They aren't living in the real world, and they see threats where there aren't any.

And now they are attempting to shut down a vital section of the internet simply because they can't take the heat from some anonymous blogger who believes a little honesty in public service is a good thing. Larry, you've really gone over the top... I believe our police force - the men and women who patrol our neighborhood - are decent, honest people; I have met many, many of them by stopping them on my street and chatting for a moment while they are on patrol. They are friendly, helpful and kind when needed... and they do their job well in an area where solid policing is a necessity. But I just don't know about the upper echelons. Some of the people I have worked with - Sgts, Lieuts... even a Captain or two - have been overwhelmingly responsive to the needs of the community. But there are clearly some bad eggs... and I am now wondering seriously if that bad policing doesn't start with the top. Certainly this boneheaded move does not speak well of the good judgement we expect from officers... and bespeaks of vendettas and personal feelings getting in the way of being bigger and better than the words on the screen.

This smells like a rat... and bloggers everywhere should be paying close attention to what is happening here in Memphis. Such an unlikely venue... yet the repercussions of the decisions that come out of this case could have a chilling effect on all of us.

I'll try to update as often as I can about it... but in the meantime, please make sure to be vigilant, too. This is nothing to sneeze at. Larry Godwin and the City of Memphis are dead serious in this threat - and we should be dead serious about opposing it.

What a chilling state of affairs for us all.

ADDENDUM: Thanks, Ms. Theologian, for pointing out this website: cyberSLAPP, which deals with frivolous suits of this type that threaten to chill the internet's basis in free speech and the right to anonymity.