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The $4.4 million damages award in June against FBI agents and Oakland
police for violating the constitutional rights of environmental
activists Darryl Cherney and Judi Bari, wrongly accused of terrorism in
1990, represents more than the culmination of a twelve-year struggle for
vindication. The case also highlights the risks of today's antiterrorism
measures and offers lessons both daunting and encouraging about the
years ahead.

In May 1990, an explosion tore through the car carrying Earth First!
organizers Bari and Cherney. Bari suffered a fractured pelvis; Cherney,
less serious injuries. They assumed the bombing was the work of
antienvironmentalists, meant to disrupt planning for the Redwood Summer
of civil disobedience against the logging of old-growth forest.

The FBI Joint Terrorist Task Force jumped to quite a different
conclusion. As soon as Bari and Cherney were identified, the FBI
informed the local police and leaked to the press that the pair were
terrorists. The authorities claimed that Bari must have made the bomb
herself and that it had accidentally exploded while the two were
carrying it to an unknown target. Bari was placed under arrest in her
hospital bed. Police and FBI agents searched houses in Oakland where
Bari and Cherney had stayed and questioned their fellow activists. Over
the next two months, until the government announced it would not charge
the two environmentalists, the local police and the FBI continued to
call them terrorists.

Only after years of litigation did the truth emerge: The FBI, before the
bombing, had been investigating Bari and Cherney because of their
political activism. When the bomb went off, the FBI shaded the facts to
fit an ideological presumption of guilt. It was also revealed that the
FBI, even after Bari and Cherney had been cleared, collected data
nationwide on hundreds of individuals and groups merely on the basis of
their association with the two Earth First! activists.

The case demonstrates how the truth will come out when the judiciary
fulfills its constitutional role. With patience, skill and funding,
committed activists and lawyers can bring accountability to the FBI.
Just as Bari and Cherney won, just as the secret evidence cases brought
after the 1996 antiterrorism law melted in the face of judicial
challenges, so the material witness detentions and other rights
violations of today will ultimately be held unconstitutional. But the
FBI and the Justice Department will resist oversight and use secrecy and
delaying tactics to evade accountability, prolonging personal and
political damage. Justice was too late for Judi Bari. She died of cancer
in 1997.

The most sobering lesson of the Bari-Cherney case may be this: The FBI's
focus on politics over hard evidence meant that the real bomber was
never captured. In the same way, the Attorney General's recent
announcement that the FBI can monitor meetings and groups with no prior
suspicion of criminal conduct is likely to take the FBI down the path of
investigations based on politics, ethnicity or religion, while real
terrorists escape detection.

Price-fixing fines behind them, the firms are close to achieving a
monopoly.

Would it be too early to sense a sudden, uncovenanted shift against the corporate ethic, if ethic is the word? I can barely turn the page of a newspaper or magazine without striking across either some damaging admission, or at least some damage-control statement, from the boardroom classes.

What would the world look like if women had full human rights? If girls
went to school and young women went to college in places where now they
are used as household drudges and married off at 11 or 12? If women
could go out for the whole range of jobs, could own the land they work,
inherit property on equal terms with men? If they could control their
own sexuality and fertility and give birth safely? If they had recourse
against traffickers, honor killers, wife beaters? If they had as much
say and as much power as men at every level of decision-making, from the
household to the legislature? If John Ashcroft has his way, we may never
find out. After twenty years of stalling by Jesse Helms, the Senate
Foreign Relations Committee in early June held hearings on the
Convention for the Elimination of All Forms of Discrimination Against
Women (CEDAW), an international treaty ratified by 169 nations.
(President Carter signed CEDAW in 1980, but the Senate blocked it.)
George W. Bush originally indicated that he would sign it--that was when
he was sending Laura onto the airwaves to blast the Taliban--but under
the influence of Ashcroft, he's since been hedging. Naturally, the
religious right has been working the phones: According to one e-mail
that came across my screen, the operator who answers the White House
comment line assumed the writer was calling to oppose CEDAW, so heavily
were the calls running against it. The reasons? CEDAW would license
abortion, promote homosexuality and teen sex and destroy The Family. In
2000, Helms called it "a terrible treaty negotiated by radical feminists
with the intent of enshrining their anti-family agenda into
international law."

How radical can CEDAW be, you may ask, given that it's been ratified by
Pakistan, Jordan and Myanmar? Genderquake is hardly around the corner.
Still, across the globe women have been able to use it to improve their
access to education and healthcare as well as their legal status. In
Japan, on the basis of a CEDAW violation, women sued their employers for
wage discrimination and failure to promote; the Tanzanian High Court
cited CEDAW in a decision to overturn a ban on clan land inheritance for
women. Given the dire situation of women worldwide, it is outrageous to
see US policy in the grip of Falwell, James Dobson and Ralph Nader's
good friend Phyllis Schlafly. Like the Vatican, which uses its UN
observer status to make common cause with Islamic fundamentalist
governments on behalf of fetus and family, on CEDAW the Bush
Administration risks allying itself with Somalia, Qatar and Syria to
promote the religious right agenda on issues of sexuality. In the same
way, at the recent UN General Assembly Special Session on the
Child--where the United States opposed providing girls with sex
education beyond "just say no," even though in much of the Third World
the typical "girl" is likely to be married with children--the Bush
Administration allied itself with Libya, Sudan and evil axis member
Iran. Some clash of civilizations.

Given this season's spate of popular books about mean girls and inhumane
women, it might seem starry-eyed to suppose that more equality for women
would have a positive general social effect. Where women are healthy and
well educated and self-determined, you can bet that men are too, but the
situation of women is not only a barometer of a society's general level
of equality and decency--improving women's status is key to solving many
of the world's most serious problems. Consider the AIDS epidemic now
ravaging much of the Third World: Where women cannot negotiate safe sex,
or protect themselves from rape, or expect fidelity from their male
partners, where young girls are sought out by older HIV-positive men
looking for tractable sex partners, where prostitution flourishes under
the most degraded conditions and where women are beaten or even murdered
when their HIV-positive status becomes known, what hope is there of
containing the virus? Under these circumstances, "just say no" is worse
than useless: In Thailand, being married is the single biggest predictor
of a woman's testing positive. As long as women are illiterate, poor and
powerless, AIDS will continue to ravage men, women and children.

Or consider hunger. Worldwide, women do most of the farming but own only
2 percent of the land. In many areas where tribal rules govern
inheritance, they cannot own or inherit land and are thrown off it
should their husband die. Yet a study by the Food and Agriculture
Organization shows that women spend more time on productive activities,
and according to the International Center for Research on Women, women
spend more of their earnings on their children than men do. Recognizing
and maximizing women's key economic role would have a host of
benefits--it would lessen hunger, improve women's and children's
well-being, improve women's status in the family, lower fertility.

And then there's war and peace. I don't think it's an accident that
Islamic fundamentalism flourishes in the parts of the world where women
are most oppressed--indeed, maintaining and deepening women's
subjugation, the violent rejection of everything female, is one of its
major themes. (Remember Mohammed Atta's weird funeral instructions?) At
the same time, the denial of education, employment and rights to women
fuels the social conditions of backwardness, provincialism and poverty
that sustain religious fanaticism.

If women's rights were acknowledged as the key to human progress that
they are, we would look at all these large issues of global politics and
economics very differently. Would the US government have been able to
spend a billion dollars backing the fundamentalist warlords who raped
and abducted women and threw acid at their unveiled faces while
"fighting communism" and destroying Afghanistan? At the recently
concluded loya jirga, which featured numerous current and former
warlords as delegates, a woman delegate stood up and denounced former
President Burhanuddin Rabbani as a violent marauder. For a moment, you
could see that, as the saying goes, another world is possible.

Nixon thought so; Otis Chandler doesn't. Maybe it depends on where you
stand.

The camera pans across the room
To see what she has made:
An omelette or a spring bouquet
Or just an inside trade.

Never did I expect to feel sorrow and pity for the Catholic Church, yet I confess that I do.

On May 14, 2002, the first wave of Internet file-sharing died.

Just-released inmates with infectious diseases need continuous treatment.

Affirmative action, while generally a good and necessary thing, has
always been more complicated than its supporters admit. It inspires a
backlash; it often promotes people who are underprepared for their
assigned tasks; and it attaches a stigma to those who do succeed on
their own, often with a crushing psychological burden. Yet another
problem is how easily it can be manipulated for nefarious purposes.

Women and minorities have been agitating for greater representation in a
largely white, male media structure for decades, making their case by
the numbers. According to a recent study published by Fairness &
Accuracy In Reporting (FAIR), women made up just 15 percent of sources
appearing on the three major network news programs in 2001, while 92
percent of all US sources for whom race was determinable were white.

Conservatives, meanwhile, have also made a case for greater media
representation. They've done so by redefining the terms of debate. While
most pundits and nearly half the "experts" employed by the media are
quite conservative by any reasonable or historical measure of the term,
that's not good enough. They are demanding more. Bernard Goldberg, Nat
Hentoff and Reed Irvine are hardly the only conservatives who say they
deserve greater representation. Many news producers and editorial page
editors apparently concur.

The media's response to the traditional affirmative-action
constituencies and the well-funded propaganda offensive by the
conservatives has been to capitulate to both sides at once. Hence the
rise of the female and/or minority conservative pundit, often
unqualified by any traditional standard and frequently close to the line
in terms of sanity but with job security the rest of us can only
imagine.

When MSNBC began operations in the summer of 1996 and hired eighteen
regular pundits--of whom I was one--the most recognizable type among the
mostly unknown cast were the blonde and black fire-breathing
right-wingers. Laura Ingraham, Ann Coulter, Jennifer Grossman, Niger
Innes, Deroy Murdoch, Brian Jones, Joseph Perkins, Betsy Hart (a
brunette, but still...); the list goes on and on. At the time, I used to
joke that the producers might wish to inquire about the politics of the
black/blonde daughter of Quincy Jones and Peggy Lipton. If she liked Star Wars
and tax cuts for the rich, they should offer her a lifetime contract.

It didn't matter to the network executives at the time that women and
minorities in real life were far more liberal than most television
people, and their gimmick was, in that regard, deceptive. These pundits
gave the new network some "pop" in the larger media--or so it was
believed. In fact, most of those named above have faded back into the
proverbial woodwork. But not all. Laura Ingraham now wears her leopard
miniskirts on radio and is apparently a political fashion consultant to
CNN's Reliable Sources. (On Al Gore's Florida speech: "His
perspiration was, I mean...it was quite unpleasant." On the state of the
nightly news: "I think one of the worst things that's happened to news
is this sort of open-collared shirt, no tie, you know, do you take the
jacket off? That whole, you know, undress thing on television...")

Coulter, meanwhile, well... it's complicated. On the one hand, she is
the television babe to end all television babes--bright blonde locks,
legs that never end and skirts so short as to make Sharon Stone distrust
her Basic Instincts. On the other hand, she is clearly the victim of an
undiagnosed case of political Tourette's syndrome. How else to explain
incidents like the time she attacked a disabled Vietnam vet on the air
by screaming, "People like you caused us to lose that war"? Or when she
termed Bill Clinton a "pervert, liar and a felon" and a "criminal"? Or
Hillary Clinton "pond scum" and "white trash"? Or the late Pamela
Harriman a "whore"? Coulter also wrote a book during the impeachment
crisis that appeared to suggest the assassination of Bill Clinton. She
was, also, as the Boston Globe reported, credibly accused of
plagiarizing from a colleague at Human Events for her book.

By the time she finally got herself fired from MSNBC, Coulter was a
star. (No man, or ugly woman for that matter, would have lasted remotely
as long.) She found herself celebrated by the likes of John Kennedy Jr.,
who gave her a column in George, as well as bookers for talk
shows with hosts like Wolf Blitzer, Larry King, Geraldo and Bill Maher,
and quoted by ABC's George Will with the same deference usually reserved
for Edmund Burke or James Madison.

Lately Coulter has gotten herself in the news again by calling for the
wholesale slaughter of Arabs, the murder of Norm Mineta and the use of
mob violence against liberals and Muslims. Perhaps she's kidding, but
it's hard to know. We have, too, another book-length screed,
Slander, this one bearing the imprimatur of Crown Publishers. As
with her entire career in the punditocracy, it is a black mark on the
soul of everyone associated with it. Here is Coulter's characterization
of a New York Times editorial criticizing John Ashcroft: "Ew
yuck, he's icky." She worries about "liberals rounding up right-wingers
and putting them on trial." One could go on, and on, and on.

What's scary is that Coulter is hardly alone. Look at the
free-associating reveries Peggy Noonan manages to publish every week in
the Wall Street Journal, or the lunacies that right-wing lesbian
Norah Vincent pours forth on the LA Times Op-Ed page--as if
self-consciously seeking to fill the space mercifully vacated by that
nutty nineties icon Camille Paglia. Check out Alan Keyes on MSNBC and
tell me, seriously, that the man has ever made what Bobbie Gentry called
"a lick of sense" in his life. I'm not saying that women and minorities
don't have the right to be as idiotic as white men. But be careful what
you wish for and smart about how you pursue it. Liberals and
conservatives both got their affirmative action. Guess who won?

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February 26, 2015

Today, a coalition of activists beat the well-funded cable lobby as the FCC voted to use Title II reclassification to preserve net neutrality. 

February 26, 2015

The FCC has guaranteed net neutrality, for now. But special interests will try to elect a president to undo it.

February 26, 2015

The tragic death of Trayvon Martin inspired a new generation of activists who fight to make black lives matter.

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