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Tuesday, August 21, 2012
Can the Government Require You to Lie? Sometimes
My latest Verdict column discusses the recent en banc decision of the Eighth Circuit, which upheld a South Dakota law that requires that a woman seeking an abortion be told that suicide and suicidal ideation are a "known risk" of abortion--even though there is no evidence that abortion causes suicide (or suicidal ideation). The court found that the warning was neither false nor misleading. I explain in the column why this is wrong. Here I want to ask a somewhat broader question: Is there a free speech right not to be required by the government to lie? And I want to suggest that although the answer is yes in many circumstances, it may not always be yes.
In the Eighth Circuit en banc ruling, the court accepted that it would violate the abortion right for the government to require a doctor to provide a patient with false or misleading information about the risks of abortion. The court inferred such a principle from the Supreme Court's abortion cases and, for reasons I explain in the column, I think that's correct.
The plaintiffs also asserted a free speech right. The Eighth Circuit did not assess that independently, stating that to prevail on their free speech claim, the plaintiffs had to satisfy the same standard as they needed to satisfy to prevail on their abortion claim: They needed to show that the government was not requiring false or misleading statements. And because the court found that the required disclosure was not false or misleading, it had no occasion to ponder whether there really is a freestanding First Amendment right not to be coerced by the government into making false or misleading statements.
So, is there? In some sense, yes, of course. After all, there is a general free speech right against compelled speech, recognized in such cases as West Virginia State Board of Education v. Barnette (upholding a right of schoolchildren not to be compelled to recite the Pledge of Allegiance) and Wooley v. Maynard (upholding a right of adults not to be punished for covering over the state motto--"Live Free or Die"--on their license plates). A right against compelled speech includes a right against compelled false or misleading speech.
Nonetheless, there are circumstances in which people can be compelled to speak. Banks (and their employees) can be (and are) required to disclose information about the financial products they offer; car dealers can be (and are) required to disclose information about the cars they sell; and most saliently here, doctors and pharmaceutical companies can be (and are) required to disclose information about the treatments and medicines they respectively offer.
In each of the foregoing circumstances, we imagine--or at least we hope--that the disclosures the government requires are true and non-misleading. But suppose the compelled speech is false. Would the compulsion therefore be unconstitutional in virtue of the fact that it is false?
We might think that, quite apart from the heightened scrutiny to which regulations of speech are ordinarily subject, a government requirement that somebody say something false lacks a rational basis and thus fails even the most minimal judicial scrutiny. Earlier this year, the Sixth Circuit rejected a challenge by tobacco industry plaintiffs to the FDA's requirement of graphic warnings on cigarette packages and advertising. Citing the Supreme Court's ruling in Zauderer v. Office of Disciplinary Counsel, the court held that unlike laws forbidding commercial speech, which are subject to heightened scrutiny, a law compelling speech is subject only to rational basis scrutiny--at least in the context of a facial challenge. The court then concluded, not surprisingly, that health warnings on cigarette packages and advertisements warnings are rationally related to the government's legitimate aim of fostering public health.
But the plaintiffs in the tobacco case did not argue that the graphic warnings are false. They argued that they cannot be made to give over so much of their own speech to the government's message. So let us suppose a case in which the government message is demonstrably false.
Here's my hypothetical example: State A forbids medical marijuana but borders on States B, C and D, all of which permit medical marijuana. Legislators in State A do not want citizens of A using marijuana and are worried that prohibiting it is not enough; patients seeking medical marijuana may try to buy it illegally in State A or travel to a border state to buy it legally. So State A both forbids doctors from telling patients that they can get relief (from nausea, lack of appetite, etc) from marijuana and also mandates that, if a patient asks about marijuana, the doctor must state that it has no medical benefits.
Let's assume that the statement is false. Is the requirement irrational? Certainly not. Here, the state is giving people false information in an effort to dissuade them from using marijuana--a legitimate public health objective. After all, under ordinary principles of rational basis review, if we can imagine circumstances in which the prohibition makes sense, then the law survives. If the state can use the criminal law to forbid marijuana use in the first place, surely it is not irrational for the government to take the lesser step of trying persuade people that they shouldn't use marijuana, even if persuasion takes the form of scare tactics. Compelling people to lie may be immoral but it is not irrational.
However, neither Zauderer nor the Sixth Circuit tobacco case says that mere rational basis scrutiny applies to compelled false statements. Maybe that kind of compelled statement is subject to some more intrusive scrutiny. Intuitively, it certainly feels like a greater intrusion on the liberty of doctors (or even tobacco companies) for them to be required to disclose information that is false.
But such a principle would give rise to a dilemma of enforcement regarding the triggering condition. Must the government know that the compelled statement is false in order for the heightened level of scrutiny to apply? If so, then we have all of the difficulties of purpose tests. Although the Supreme Court has not always honored the sentiment, it was after all a free speech case--United States v. O'Brien--in which CJ Earl Warren said for the Court: "It is a familiar principle of constitutional law that this Court will not strike down an otherwise constitutional statute on the basis of an alleged illicit legislative motive." How will a plaintiff prove that government officials knew the compelled statement to be false? Which government officials? In my hypothetical example, we can well imagine that many of the legislators who voted to impose the obligation to tell patients that marijuana has no medical benefits sincerely believe that to be true.
So maybe we should abandon a knowledge/purpose test and simply adopt a principle that the government either can never require people to make false statements or must satisfy heightened scrutiny if it does so. But if the triggering condition is mere falsity (rather than purposeful or knowing falsity), we risk opening the floodgates to litigation by sellers and manufacturers of sundry products subject to disclosure regimes, each claiming that the mandated disclosure is false. Is it sensible to channel such complaints into the courts under the aegis of the First Amendment rather than into the political or administrative realm as a pre-enactment challenge to the contested legislation or regulation? And note that when such challenges occur in the administrative realm, government agencies get substantial deference from the courts.
It's easy to sympathize with the doctor in my hypothetical example, but finding a free speech right to resist the false statement about marijuana would mean inviting backdoor litigation by pharmaceutical companies, doctors and others who lost fair and square in the ordinary channels. Accordingly, the least-bad solution may well be to say that in the regulatory context the First Amendment subjects requirements of false or misleading disclosures to mere rational basis scrutiny. I'm not happy with that solution but as I've said, it's at best the least bad approach, not a good approach.
34 comments:
- David Ricardo said...
I think you go too far in favoring government compelled speech. A critical part of free speech is not just the right to say something, but also the right not to be compelled to say something and not to be compelled to listen to something.
But as you point out, there are times when government compelled speech is appropriate. It seems to me to be that the test should be two part.
1. The compelled speech is accurate and truthful to a high standard.
2. In the absence of such speech significant harm could come to an individual or to society as a whole.
Under this standard tobacco warnings pass, abortion related speech fails.
Of course this really is about politics and imposing one's beliefs on others, not about free speech.
- AF said...
Requiring demonstrably false statements seems plainly irrational and wrong. You are correct about the dangers of opening up a floodgate of First Amendment litigation. But there is a much simpler solution than allowing the government to mandate false statements. The government can simply prohibit certain truthful statements, without mandating false statements.
A good example of this is off-label marketing of pharmaceuticals. Companies are not allowed to market pharmaceuticals for off-label use, and even truthful statements that could be made in support of such uses (eg, "the drug is in clinical trials for a new indication and preliminary results show a high level of success") are prohibited. But companies are not required to make false statements about off-label uses. Rather, if a doctor asks a question that a company is not allowed to answer, the required response is simply not to answer the question. It's hard for me to imagine a context where this solution wouldn't be sufficient to further the government's legitimate goals.
- Justin said...
Your test would put way too much authority in the hands of judges to be making the kinds of legislative factfinding that courts are particularly ill-suited to do.
I'd be in favor of upholding the South Dakota law to the extent it requires them to say "government laws compel me to state that X&Y is true;" and when that speech is over, give the doctor the free speech right to say "However, according to Z and A, the government is full of s***."
I think that could equally apply to cigerette warnings. If Phillip Morris wants to advertise-subject to the restrictions they themselves have against false and misleading advertising-that they think the government statements regarding health care are s***-they should have that right.
In other words, I think a rational basis test should apply to speech that is objectively false and/or misleading, so long as the government can provide a rational basis for believing that the statement is not false and/or misleading.
This "subjective/objective" test does, I submit, have precedential basis in other areas.
Doing what the 8th Circuit did here, however, leads to a problem of contorting the definition of "misleading" - which could have broader problems outside of the realm of government-compelled speech.
- Paul Scott said...
Surely, in both the real case and the Hypo, the only thing being required is that the message, true or false, be delivered.
The statue does not prohibit the follow, correct?
Doctor to patient: "State law requires me to inform you that 'suicide and suicidal ideation are a "known risk" of abortion.' As your physician, I believe this warning to have no basis in fact."
It seems to me that there should be no right against providing a government mandated statement, regardless of veracity, but that if the government required you to give the warning and to also present present that warning as if it was your belief, rather than the government's, that a problem might exist.
- Justin said...
- This comment has been removed by the author.
- Justin said...
AF, I think that has it backwards, normatively. The government should not be in the business of prohibiting truthful speech.
- Paul Scott said...
I think it is actually a mistake to put any weight on whether what is being mandated is "truthful." In many cases, if not all, there is always going to be a reasonable disagreement or at least a colorable disagreement over the truth of a statement.
Additionally, so long as the government does not require that the source of the statement be hidden nor prohibit disagreement with that statement, I really can't see the problem.
- AF said...
"The government should not be in the business of prohibiting truthful speech."
So I guess you don't believe that drugs or medical devices should require FDA approval before they can be marketed?
- Justin said...
- AF said...
Justin and Paul Scott:
Your "solution" of allowing physicians/companies/individuals to contradict the speech the government is compelling would frequently undermine the point of the regulation in question. For practical purposes, it is tantamount to saying that compelled speech is unconstitutional in many contexts where it is currently allowed.
So, for example, if you think companies should be allowed to tout the supposed benefits of off-label uses of drugs immediately after mouthing some government-mandated boiler plate about how these uses have not yet been approved by the FDA, that's equivalent to saying that bans on off-label marketing are unconstitutional.
- Joe said...
I think this discussion underlines how a higher standard should be placed in certain contexts. It also suggests the 1A, not only substantive due process, is a concern in the area of abortion scripts. Kennedy very well might be open to such an approach.
Some reasonably are concerned when certain types of abortion requirements are targeted -- seems to be micromanaging health regulations. But, in this area, physician speech with patients is selectively targeted and some higher degree of concern should be allowed. Ditto when Florida singled out gun references for special limits on doctors.
Forcing physicians to in effect not do their jobs to discourage abortions or use of marijuana (even if states where legal!) is bad enough, but lying goes a step further. Truthful speech was protected even in alcohol labeling. It surely should be protected with more than "rational basis" review in this context.
- Justin said...
I don't have your FDA law expertise, but I think even if it did have that effect, the result would be better from an application standpoint than dealing with it at the compelled speech level.
Think of the prosecution for failing to provide compelled speech (under my proposed view). The government wouldn't have to prove the speech. They'd just have to prove the person didn't give the speech. And the person giving the speech *might* be able to mount a defense if *he* could prove the speech was false - maybe.
Now let's say the defendant is someone who gave but then contradicted the compelled speech. First, the harm is less, because the recipient of the speech is informed of the government's viewpoint. Second, in prosecuting the person for making a false or misleading statement, the government would have the *burden* of showing that the statement in question was false or misleading. This is a much better result for speech, in my opinion. I also think that the level of interbranch dispute is less dangerous to federal system.
- AF said...
Justin: To the extent that post suggests that restrictions on a "manufacturer's direct advertising or explicit promotion of a product's off-label uses" would be unconstitutional, it is not an accurate statement of the current law. See Washington Legal Foundation v. Henney, 202 F.3d 331, 333 (D.C. Cir. 2000) (noting that this power has not been challenged).
The question remains whether you believe companies should be allowed to make any statements about medical products they want, subject only to restrictions on allegedly false or misleading statements (which latter restrictions, presumably, would have to be construed narrowly to avoid First Amendment problems).
- AF said...
I'm less concerned with the prosecution of alleged violators than with what happens when the law is followed. I have little doubt that the vast majority of companies would comply with your regime requiring them to mouth the government's disclaimers before promoting off-label uses. The fact remains that companies would have much greater ability than they have today to market off-label uses of their products, which would significantly undermine the benefits of the FDA approval process.
- Paul Scott said...
My first answer to you is that I find it absurd that "doctor" and "individual" are lumped in with "companies," though I do accept that the radically right wing SCOTUS has determined, for now, that to be the case. Hopefully at some point in the future that will be reversed.
I'll suggest to you as a more complete answer that the prescription medication industry is a highly regulated industry in a way that medical practice is not. That is, apart from state licensing, there is relatively little restriction on medical practices. You may very reasonably wish to have a different set of rules apply to those scenarios.
- Paul Scott said...
There is also a matter of the means of presentation. A physician presenting a warning to a patient is a very personal interaction. If not allowed to both 1. identify the source of the warning and 2. at that physician's own risk, choose to contradict the warning, there is a significant risk that the statement will appear to be that physician's speech.
The same thing just cannot be said of the pharmaceutical companies who want to, but are prohibited from, advertising off-label use of their medications.
- Justin said...
Can you point me to what you're talking about? All the case appears to stand for from my reading is this:
"The relevant question before us therefore is not whether certain enforcement activities conducted under these provisions were unconstitutional (since there were no such activities alleged), but instead whether the statute and guidance document facially violate the First Amendment. Since both parties now agree that they do not, there is no constitutional controversy between the parties that remains to be resolved; we do not think it at all appropriate to rule on the constitutionality of a hypothetical interpretation of a statute,..."
Nowhere does it say that corporations may be validly prosecuted for making accurate, nonmisleading statements.
- Justin said...
I'm also wondering whether the fact that the FDA can ban outright the sale of a product is relevant. It appears to me, without further thought, that if the government can ban the outright sale of a product, there's at least an argument that it can condition the sale of a product on certain conduct that might otherwise run afoul of constitutional protection. In that case, it is not the speech that is being regulated, but the conduct.
However, since under Roe and Casey, the state can't ban the doctor's commercial activity, it cannot condition that activity either.
(I also realize the limits of this potential doctrine. Certainly, the government cannot require drug companies to abandon all their constitutional rights simply because it can ban some of it activities, for instance).
- Joe said...
"However, since under Roe and Casey, the state can't ban the doctor's commercial activity, it cannot condition that activity either."
I'm not sure what "condition" means here since both cases allows various regulations ("conditions").
Casey: "when the government requires, as it does here, the giving of truthful, nonmisleading information about the nature of the procedure, the attendant health risks and those of childbirth, and the "probable gestational age" of the fetus" ... it is acceptable.
Earlier cases also allowed some conditions, including certain types of informed consent. See, e.g., Akron v. Akron Center for Reproductive Health.
- Justin said...
I'm using "condition" in a different way than Casey. What I mean is that they can't condition something in the sense that "since we can ban it outright, we can also allow it subject to certain conditions." I didn't mean that Roe and Casey found that abortion cannot be regulated at all - indeed, since I tend to think the Eighth Circuit decision is probably correct (if for the wrong reasons).
- AF said...
The Washington Legal Foundation case discussed in the blog post you linked to did not involve "direct advertising or explicit promotion of a product's off-label uses." Washington Legal Foundation v. Henney, 202 F.3d 331, 333 (D.C.Cir.2000). So to the extent that the blog post was relying on the Washington Legal Foundation litigation to support the idea that restrictions on direct marketing of off-label uses are unconstitutional, it is not an accurate reading of the current state of the law.
Restrictions on direct marketing of off-label uses remain in effect, have been upheld by courts, see, e.g, US v. Caronia, 576 F. Supp. 2d 385 (EDNY 2008), and, perhaps most importantly, have not been directly challenged by the major players in the pharmaceutical industry. There are certainly precedents that could be brought to bear to support such a challenge. See United States v. Caputo, 517 F.3d 935, 939 (7th Cir.2008) (upholding conviction based in part on off-label marketing but avoiding the constitutionality of the ban and stating that it was a "difficult question). But under current law, the ban is still in effect.
- Joe said...
Thanks Justin.
A basic point to remember there is that Roe and Casey protects the commercial performance of abortions within a certain context -- it repeatedly is based on it being done by a physician with all the usual aspects of that practice.
So, the government can ban abortions not done by physicians (the USSC so held) so it might be the case that if a state allowed a registered nurse to perform abortions, it would condition it on such and such, since there is no constitutional right to have abortions performed by nurses.
The conditions might be unconstitutional regardless but the greater including the lesser there could exist.
- Justin said...
Having thought about the "conditional" concept, I don't think it is workable. The FDA stuff can simply be attributed to the odd results deriving from Central Hudson. The Central Hudson test wouldn't work for doctors talking (truthfully) about abortion, just like I doubt it would work for doctors talking truthfully about off-label medicine.
- Paul Scott said...
"... just like I doubt it would work for doctors talking truthfully about off-label medicine."
Doctors do this all the time. There is no law prohibiting this practice. You might or might not be able to get insurance for such a practice, but the practice is both not prohibited and common.
- Dewaite Houwad said...
and even truthful statements that could be made in support of such uses (eg, "the drug is in clinical trials for a new indication and preliminary results show a high level of success") www.windows7keysp.comare prohibited. But companies are not required to make false statements about off-label uses. Rather, if a doctor asks a question that a company is not allowed to answer, the required response is simply not to answer the questionhttp://www.windows7keysp.com/
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vulcanization vŭl˝kənəzā´shən [key], treatment of rubber to give it certain qualities, e.g., strength, elasticity, and resistance to solvents, and to render it impervious to moderate heat and cold. Chemically, the process involves the formation of cross-linkages between the polymer chains of the rubber's molecules. Vulcanization is accomplished usually by a process invented by Charles Goodyear in 1839, involving combination with sulfur and heating. A method of cold vulcanization (treating rubber with a bath or vapors of a sulfur compound) was developed by Alexander Parkes in 1846. Rubber for almost all ordinary purposes is vulcanized; exceptions are rubber cement, crepe-rubber soles, and adhesive tape. Hard rubber is vulcanized rubber in which 30% to 50% of sulfur has been mixed before heating; soft rubber contains usually less than 5% of sulfur. After the sulfur and rubber (and usually an organic accelerator, e.g., an aniline compound, to shorten the time or lower the heat necessary for vulcanization) are mixed, the compound is usually placed in molds and subjected to heat and pressure. The heat may be applied directly by steam, by steam-heated molds, by hot air, or by hot water. Vulcanization can also be accomplished with certain peroxides, gamma radiation, and several other organic compounds. The finished product is not sticky like raw rubber, does not harden with cold or soften much except with great heat, is elastic, springing back into shape when deformed instead of remaining deformed as unvulcanized rubber does, is highly resistant to abrasion and to gasoline and most chemicals, and is a good insulator against electricity and heat. Many synthetic rubbers undergo processes of vulcanization, some of which are similar to that applied to natural rubber. The invention of vulcanization made possible the wide use of rubber and aided the development of such industries as the automobile industry.
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So I'm driving into work the other day, and since 8-10 hours of this stuff isn't enough for me, I'm listening to wonk radio where this guy is going on about the SNAP, or Food Stamps, program. He's a knowledgeable guy making a lot of sense, until he goes off and says something to the effect of: unemployment's coming down, so the SNAP rolls should be coming down too.
It's not an unreasonable thought, and it probably resonated with lots of listeners (or at least with the three other people in the world listening to this sort of thing at 8am in the morning). The notion that the SNAP rolls are "too high" has also become a bit of a conservative meme.
But it's wrong in at least two ways. First, because the labor force participation rate has been dropping, in part due to people dropping of out the labor force due to lack of opportunity, the unemployment rate is a less reliable measure of labor slack right now (it's artificially low because of the dropouts). A better indicator of the weakness of the recovery and the continued need for nutritional support for low-income households is the employment rate—the share of the population employed. And that's been flat-lining for a while, meaning that job growth has just kept up with population growth. Under those conditions, you'd expect elevated SNAP rolls.
The figure makes the case. It shows SNAP recipients as a share of the population compared to the unemployment rate and the employment rate (it's on the right axis). As you can see, unemployment drifts down but the employment rate stays flat. I'd argue that right now, it's the latter—employment rates—that captures the weakness in labor demand more so than unemployment.*
Source: USDA/FNS, BLS
Second, while SNAP rolls increased sharply in the recession, as you'd expect—along with UI, SNAP was and is highly elastic to increased need—they've decelerated of late as the economy has slowly improved, though here again, it's not improved as fast for those more exposed to food insecurity. I found a careful academic paper by Hoynes and Bitler (new so no link yet) that tests whether the response of the SNAP program to the increase in unemployment was uniquely large in the great recession, a finding that would support the conservative meme of SNAP over-correcting for the downturn (providing more assistance than historical relations would predict). It finds this not to be the case—the increase in SNAP rolls over the downturn, at least through 2011 (their last data point) was not significantly out-of-line with the historical record.**
So here's the thing. Too many people have trained their eyes to look at a trend like the one of the SNAP rolls in the figure, note the sustained increase, and sharpen their fingers with a tut-tut-tut. Other less knee-jerkers see the trend and ask whether it's justified given underlying weakness in the part of the economy faced by the eligible population. Do that, and this SNAP trend is as it should be.
*Extra wonky section for extra-wonky credit: I regressed monthly changes in the SNAP rolls/per capita on a constant, trends, a few dummies for monthly spikes due to disasters, and changes in both labor market variables: employment and unemployment rates, letting them fight it out to see which had more explanatory power. The winner, by a knockout, was the employment rate…see output table below (note the change in the unemp rate is insignificant and one-third the size of the emp rate change).
**Bitler/Hoynes: The More Things Change, the More They Stay the Same: The Safety Net, Living Arrangements, and Poverty in the Great Recession, Table 4.


text:
LeuctridaeC. Riley Nelson
This tree diagram shows the relationships between several groups of organisms.
The root of the current tree connects the organisms featured in this tree to their containing group and the rest of the Tree of Life. The basal branching point in the tree represents the ancestor of the other groups in the tree. This ancestor diversified over time into several descendent subgroups, which are represented as internal nodes and terminal taxa to the right.
You can click on the root to travel down the Tree of Life all the way to the root of all Life, and you can click on the names of descendent subgroups to travel up the Tree of Life all the way to individual species.
For more information on ToL tree formatting, please see Interpreting the Tree or Classification. To learn more about phylogenetic trees, please visit our Phylogenetic Biology pages.close box
Nelson, C. H. and J. F. Hanson. 1973. The genus Perlomyia (Plecoptera: Leuctridae). J. Kansas Entomol. Soc. 46: 187-199.
Ricker, W. E. and H. H. Ross. 1969. The genus Zealeuctra and its position in the family Leuctridae(Plecoptera: Leuctridae). Canad. J. Zool. 47: 1113-1127.
Shepard, W. D. and R. W. Baumann. 1995. Calileuctra, a new genus, and two new species of stoneflies from California (Plecoptera: Leuctridae). Great Basin Natur. 55: 124-133.
About This Page
C. Riley Nelson
Brigham Young University, Provo, Utah, USA
Page copyright © 1996
All Rights Reserved.
Citing this page:
Nelson, C. Riley. 1996. Leuctridae. Version 01 January 1996 (under construction). http://tolweb.org/Leuctridae/13944/1996.01.01 in The Tree of Life Web Project, http://tolweb.org/


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3. Merchandise needs to be unused (gentle wear is ok) and in the same condition as it was received. Rings resized (or items altered) by Goldaevo Jewelry are still fully eligible for full refunds. Jewelry that has been altered by an outside goldsmith or damaged may not be accepted.
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The University of Leeds endeavours to promote equality & diversity in its policies, practice and services. We are committed to making all university web pages accessible to disabled people and compliant with WAI's accessibility guidelines (WCAG 2.0)
Should you encounter any problems accessing material, please inform the Faculty Web Team (foe-webmaster(at)leeds.ac.uk).
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In Which We Say Goodbye To 2008
"Drop the last year into the silent limbo of the past.
Let it go, for it was imperfect, and thank God that it can go." -Brooks Atkinson
As we turn the page on the year 2008, we reflect on the past as much as we look forward to the future. That got me thinking about the turbulent year we've had here at the DC Metblog, all captured in this edition of the Year in Review.
January 1, 2008: Wayan wishes DC a happy New Year, winning sports teams, and voting rights. Oh well, maybe next year.
January 7, 2008: Tom Bridge supports Governor Tim Kahne's push to ban smoking in Virginia bars and restaraunts. This would later be killed by the House of Delegates.
January 10, 2008: Alex Ovechkin signs with the Capitals for 13 years and $124MM, the wealthiest contract in DC sports history. Outraged commuters ride the Metro without pants to protest an increase in fares. One had a suspicious package. Hah.
January 28, 2008: Barack Obama draws 12,000 for a rally in DC. Little did he know that he was less than a year away from his Inauguration.
February 11, 2008: Anonymous brings its war against Scientology to the streets of DC. In the meantime The George Washington University finalizes its massive development plan for Square 54.
February 12, 2008: The Potomac Primary. Obama and McCain sweep races in VA, MD, and DC.
March 10, 2008: NY Governor Elliot Spitzer is disgraced by his infamous prostitution scandal. Tom Bridge views it as a good ad for the Mayflower Hotel; it could corner the "places to bring your $5,500/hour prostitute" market?
March 16, 2008: Metblogger Carl Weaver is accosted by a Secret Service officer when he attempts to photograph a free Tibet rally at the Chinese Embassy.
March 24, 2008: Tom Bridge predicts that the Nationals will finish over .500. For more information fast-forward to September 25th.
March 31, 2008: The Washington Nationals open their new stadium.
April 7, 2008: The Washington Post wins 6 Pulitzer Prizes, the best performance by any paper since The New York Times in 2002.
April 16, 2008: DC gets Popemania and hosts more than a million tourists. Some get anti-Popemania.
April 22, 2008: The Capitals are eliminated from the NHL playoffs by the Flyers.
May 6, 2008: Explosion in Falls Church, VA, scares the shit out of everyone in the DC area and rocks the internets. Turns out it was an earthquake centered in Annandale.
May 15, 2008: DC Council pisses off smokers everywhere by entering a tie for highest national cigarette tax, increasing it to $2/pack to make up for their horribly mismanaged budget.
May 31, 2008: LaSalle Partners, who run Union Station, attempt to stop photographers and implement several odd security policies. Eleanor Holmes Norton opens a can of whoop-ass.
June 26, 2008: The Supreme Court kills the DC law banning handguns.
July 4, 2008: Aside from lots of fireworks and patriotism, the entire DC Metblogs team announces out of nowhere that they are leaving to start their own blog. Tom Bridge, Don Whiteside, Tiffany Bridge, Ben H. Rome, and Wayan Vota post goodbye messages almost simultaneously, catching everyone at Metblogs HQ off guard.
September 11, 2008: 9/11 memorials held throughout DC, including speeches by Rumsfeld and Bush at The Pentagon.
September 18, 2008: Greenpeace places life size polar bears throughout DC to raise awareness for global warming. Several bomb scares and shutdowns ensue.
September 25, 2008: Nationals lose the race to 100 losses. .500 would have been nice.
October 1, 2008: Live grenade found and removed in Rock Creek Park. DC collectively sighs in relief.
October 15, 2008: Patrick Pho runs a hugely successful live blog of the final Presidential debate.
October 19, 2008: Chancellor of Schools Michelle Rhee announces a program to pay middle-schoolers for good grades.
October 27, 2008: Metro police begin controversial random bag search program in stations.
November 2, 2008: Shadow Senator Paul Strauss nailed with a DUI two days before the election. Strauss would go on to take over 80% of the vote in DC.
November 15, 2008: Metbloggers go live with Inauguration Central. Emergency G20 Summit shuts down parts of DC.
December 15, 2008: The George Washington University enters the Inaugural Parade for the first time since 1949. They are the only university in the country with a float in the parade.
December 31, 2008: So as we turn the page on 2008, I just want to wish everyone the best. In the words of Oprah Winfrey, "Cheers to a new year and another chance for us to get it right." Thanks for being loyal readers through thick and thin, and all of us here at Metblogs look forward to giving you a great 2009!
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This "Rice" [Susan] looks fairly short to "long grain white rice," Senators John McCain, Lindsay Graham and Kelly Ayotte. Dementia! There isn't any other word to describe McCain, Graham, Ayotte and others who are following them on the Benghazi tragedy. As for Mrs. Ayotte she follows McCain and Graham like a dog in "heat," but as for those two guys, well they no longer have "heat," they are possessed by "HATE!"
Ambassador Rice subsequent to the Benghazi attacked that killed our Ambassador and three other Americans, stated that the information she was providing was what they had at the time and that, we would have to wait until a proper investigation is completed, to know the facts. I am of the firm belief that the Obama Administration is doing everything possible to find the perpetrators of this heinous act and bring them to justice, just as Obama did with Osama Bin Laden.
We must never forget that it was George W. Bush and his Administration that sat on threats made by Al Qaeda right up until August 6, 2001. This is no fiction it is fact! The Court Ordered release of the NIE (National Intelligence Estimate) on August 6, 2001 read;
"Al Qaeda determined to strike within the United States using Aircrafts as Weapons."
The daily Intelligence Briefing on August 6, was given to then President George W. Bush carried that statement right at the very top. Bush's then National Security Advisor Condoleezza Rice saw the same information as Bush did. Along with these two, Dick Cheney, Donald Rumsfeld and many others would have had access to the NIE briefing and what did they do; NOTHING! They sat on their arrogant backsides and allowed us to be decimated by the 9/11 attacks that killed over 3,000 Americans on American Soil.
One has to wonder; where were the Balls on fire McCain, Graham, the "in heat" Ayotte along with the other non-stop critics on the Benghazi attack then? Where was the Republicans Media Mouth Piece – Fox News – when 9/11 occurred?
I am neither White nor Black and people can think whatever they want, but, I am no racist. However, to suggest that racism does not exist in America is a fool's folly! It seems very apparent that when a Republican Administration Screws-Up we should just accept it because it is beyond us. However, in this Benghazi tragedy I do believethat it is not only because President Obama is a Democrat, but it has more to do with him being Black!
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Could Americans force the story of Palestinian nonviolent resistance to land confiscation onto the agenda of mainstream US media?
Last Friday, Palestinian peace activists created the village of Bab al-Karama on the lands of Beit Iksa village to prevent their confiscation by the Netanyahu government.
The previous Friday, Palestinian peace activists created the village of Bab al-Shams near the village of Al Zaim to block the confiscation of Palestinian land by the Netanyahu government.
What do you think is going to happen in Palestine this Friday?
Economists like to say that the only thing that you can't predict is the future. But I think that the odds are very good that on Friday, a new Palestinian village is going to be established to block the confiscation of Palestinian land by the Netanyahu government.
If that happens, will American media report it?
If a tree falls in the forest, does it make a sound?
To be effective, a strategy of nonviolent resistance to injustice requires an audience.
Sometimes Western pundits have asked: Where are the Palestinian Gandhis? But when Palestinians have engaged in nonviolent protest and have been suppressed by Israeli occupation forces, Western pundits have been largely silent. The pundits' words communicate one thing; the choice by Western media to largely ignore nonviolent Palestinian protest movements communicates the opposite.
Thanks to movies like Budrus and 5 Broken Cameras, the story of nonviolent Palestinian resistance to land confiscation is reaching a new group of Americans. That's a fantastic development. But when civil rights marchers in Selma were beaten on the Edmund Pettus Bridge on Bloody Sunday, Americans didn't have to wait for a movie to find out about it. It was big news right away.
There is a precedent that may be relevant. When Occupy Wall Street began, it was ignored at first by mainstream media. To find out what was going on, you had to go to social media like Twitter. When the story became well-established in social media, mainstream media had to take notice.
What if we raised an army of thousands of Americans who pledged themselves in advance to one simple task: When the news breaks of a new Palestinian village established to block land confiscation by the Netanyahu government, members of this army agree that they are going to be notified, and then they are going to spread this news on social media.
Thousands of Americans have already signed our pledge. You can join them here.
A quick message before you keep reading
We're proud to publish real news 365 days of the year, completely free of charge to our readers. But producing high-quality, independent work is not cost-free – we rely heavily on your support.
If you found the piece above useful, informative, or inspiring, please consider supporting Truthout with a tax-deductible donation. A gift of any size makes a difference and helps keep this unique platform alive.


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Diasporic Contact Zones at the BBC World Service
The Tuning In project analyses diasporic contact zones at the BBC World Service. Since 1932, the World Service (formerly the Empire Service) has provided a mediated home from home for the worldwide British diaspora in English. Audiences for its 31 foreign language services (radio; internet; digital; Arabic and Persian TV stations) also include diverse diaspora populations. In addition, as an insitution the World Service has long been a contact zone for diasporic (including exilic and refugee) staff reflecting the intellectual, cultural and political sensitivities and fluidity of the audiences they serve.
A number of vantage points have been used to illuminate the experience and influence of diasporas on the professional sensibilities, working practices and broadcast output of the BBC World Service:
22 November 2018
16 June 2011
18 April 2011
22 March 2011
17 March 2011


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Books and materials not owned by the Zula B. Wylie Library may be available through the Interlibrary Loan process. This service is available at the Reference Desk. Interlibrary Loan is not an instant service and can take anywhere from 2 to 6 weeks (on average) to receive an item from another library.
When the item you requested is received, you will be notified and have 3 days to pick up the item. There is a $1.25 postage fee applied to each item that you request. Cedar Hill residents with a library card in good standing can be issued a TexShare card to check out books at other libraries.
For more information, please contact Leticia Bolin at 972-291-7323 or email Leticia Bolin.
Show All Answers
Yes, the library currently has public-use computers. A one-day guest pass is available to adults who do not have a library card.
The computers are reserved on a first-come, first served basis and can be used in one-hour increments. Please call 972-291-7323 if you have questions.
Any Texas resident may have a library card free of charge (with a Texas driver's license and proof of address which includes a rental or lease agreement, voter's registration card, car insurance, and/or utility bill, etc). Library cards are available for a fee to individuals who live outside the state of Texas.
You must have a card to check out physical materials. Fees are $20 for one year. Virtual library cards are available to anyone. Just fill out the registration form on our City Hill Library website. You will be emailed a barcode to access our online resources, such as eBooks and streaming video.
You will find us at:225 Cedar StreetCedar Hill, Texas 75104
Our main number is 972-291-7323, ext. 1300 will get you to a live person.
Yes. Please check our Library Calendar on our website for details.
A lost Library Card should be reported immediately. There is a $2 fee to replace your lost card.
Your barcode is the 14 digit number on the back of your library card (no spaces between digits). Your Personal Identification Number (PIN) is usually the last four digits of your phone number unless you registered online providing your own PIN or you authorized a library employee to assign a number for you.
The email is a courtesy provided by the Library. This notice is subject to internet outages. You are not relieved of your obligation to return materials and pay your fines.


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Part 1: Florals ~ Rose
Part 2: Florals ~ Jasmine
Part 3: Florals ~ Lily of the Valley and Violet
Part 4: Florals ~ Blends
Part 5: Wardrobe Essentials
My Perfume Wardrobe is back from its winter break with a new installment on oriental fragrances. This perfume genre is so called because it is the Western fantasy of the East. Oriental perfumes evoked the same mysterious and sensual world that French artists such as Eugène Delacroix and Jean Auguste Dominique Ingres captured in their paintings of lounging odalisques, tiger hunts and harem scenes. French perfumers translated such exotic, if stereotypical, visions through rich notes of vanilla, amber, patchouli, sandalwood and musk. Oriental ideas have been explored in many 19th century fragrances, but Guerlain Jicky is widely considered to be the first modern fragrance with an oriental twist. Then perfume visionary François Coty made a splash with his innovative L'Origan (1905), Ambre Antique (1910) and Émeraude (1921). These fragrances paved the way to the dazzling array of orientals available today.
Floral Oriental
The floral oriental genre was my gateway to dark perfumes. I've always loved the suave quality of jasmine and orange blossom, but I soon started to crave more opulence. Floral oriental compositions fit the bill perfectly—they have both the softness of florals and the warmth of true orientals. Coty L'Origan is a forebear of this large and interesting family. While it no longer exists, Guerlain L'Heure Bleue and Après l'Ondée give an idea of its rich and voluptuous aura.
Or I might try the luminous Rochas Tocade which layers roses and vanilla. Serge Lutens Datura Noir is a heady vignette of tuberose and osmanthus folded around vanilla and musk. Givenchy Organza was inspired by candied almonds and it is the least floral of all fragrances mentioned here. Still, a whisper of green gardenia offsets the richness of its luscious woody accord.
Must-know classic: Guerlain L'Heure Bleue (orange blossom and iris), Guerlain Chamade (hyacinth and rose), Caron Parfum Sacré (rose), Christian Dior Poison (tuberose and orange blossom).
Soft Oriental (Incense)
If I yearn for an even darker and warmer composition than anything I've mentioned above, then I know to look for the incense embellished perfumes. According to Michael Edwards' classification of fragrances, they are called soft orientals. Such blends are less balsamic and animalic than true classical orientals, but they still are undeniably sensual. Cacharel Loulou blends incense with vanilla and tiare flowers, while Diptyque L'Eau infuses effervescent citrus into the spicy incense accord.
One of the most exquisitely crafted oriental perfumes is Chanel Coco. It is a rich tapestry of jasmine, rose, spice, musk and sandalwood. Kenzo Jungle L'Éléphant is another distinctive perfume which adds a savory touch of cumin to play up its languid oriental accord. If one is willing to forget what Yves Saint Laurent Opium used to be like, the newly relaunched version is a pretty mélange of jasmine, carnation and amber. Unfortunately, I am too deep in mourning for the original to enjoy its successor.
Must-know classic: Estee Lauder Youth Dew, Jean Patou Sublime, Chanel Coco, Serge Lutens Ambre Sultan.
Classical Oriental
As I move along the spectrum of oriental fragrance and arrive at classical orientals, I certainly feel the heat! Everything suddenly darkens, the animalic notes become more pronounced, and the florals headier. Guerlain Shalimar embodies the classical oriental genre with its contrast between cool citrusy notes and warm amber and vanilla. Frédéric Malle Musc Ravageur captures Shalimar's dramatic, smoldering stance. In this modern interpretation, the accent is placed on musk and leather, and the perfume feels seductive and indulgent. Some sweet, heavy ambers like Annick Goutal Ambre Fétiche and L'Artisan L'Eau d'Ambre have the opulence of classical orientals, while the sheer Prada Candy renders the classical plush oriental accord light as chiffon.
Must-know classic: Guerlain Shalimar, Guerlain Habit Rouge, Calvin Klein Obsession, Must de Cartier.
Woody Oriental
Out of the whole oriental family, woody oriental fragrances are my favorites. It is because the accents of patchouli, sandalwood, and other rich woods give an unexpected luminous effect. The woods also temper the sweetness of vanilla, tonka beans, amber and balsamic notes. Some great examples include Guerlain Vol de Nuit, Hermès Eau de Merveilles, Donna Karan Chaos and Bulgari Omnia. Also, there are some virile and handsome blends in this group: Comme des Garçons White, Caron Yatagan, Joop! Homme, Jean Paul Gaultier Le Male and Thierry Mugler A*Men/Angel.
Must-know classic: Molinard Habanita, Caron Nuit de Noël, Chanel Bois des Iles, Guerlain Samsara, Chanel Égoïste, Christian Dior Dune.
Photography of a temple offering by Vera


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My parents encouraged me in science since I was very young. I was drawn into astronomy through seeing Carl Sagan's Cosmos on a rerun and reading science fiction as a kid. A summer research experience at the Jet Propulsion Laboratory in California convinced me that I wanted to do astronomy research as a career. I specialized in cosmology during my Ph.D. when a couldn't-miss opportunity arose to participate in a space mission that has become a cornerstone of modern cosmology: the Wilkinson Microwave Anisotropy Probe (WMAP). Though I have been working primarily in cosmology in the past few years, I have a broad range of research interests in astrophysics.
On the biggest level, cosmologists are asking the most fundamental question: Where did everything in the universe come from? This is a question that humans have asked in different forms since the dawn of civilization, and now in the coming few years, we may finally answer it. This is the ultimate search for our own origins. My research involves confronting confounding and challenging problems on a daily basis because observations have revealed the universe to be a very strange place. My work is far from a solitary enterprise. I enjoy working and building friendships with fantastic colleagues from all over the world.
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I wouldn't call it a "mandate," but Pacifica voters certainly expect the next City Council to do something about our perilous financial position and long-term structural problems. And that council will have, for the first time in many years, a decisive majority with an energetic, pragmatic outlook and a clearly expressed desire to tackle those problems. This will be a council majority that truly understands and encourages sensible economic development. And, perhaps more importantly, a majority unburdened with the ideological baggage of the past.
Newly-elected Council Member Karen Ervin is a veteran of the Financing City Services Task Force (among many other civic responsibilities) and is well acquainted with our fiscal predicament. This experience, on top of her other impressive credentials, may account for her position as the election's leading vote-getter.
Mike O'Neill, the other first-time council member, has worked for years to help balance the books and support the development of our public schools. He's a dynamic, hard-working, and creative problem-solver.
The new council members share a firm commitment to the improvement of our community, evidenced by years of civic involvement. Both are ready, and deserving, to take a seat on the dais, and they bring with them a fresh perspective, energy and expertise. Pacifica has chosen wisely.
Mary Ann Nihart, who was returned for another well-earned four-year term, requires no introduction to the readers of this paper. The almost intimidating level of her intelligence is gracefully balanced by the depth of her understanding. Throw in the work ethic of a farm girl and you've got one of the finest and most effective local representatives I've ever encountered.
These three will join Len Stone, the upcoming mayor, and Sue Digre, the longest-serving council member, when the new council is sworn-in at its first meeting of the New Year.
Nihart and Ervin out-polled Sue Vellone for the two available full-term, four-year council seats. O'Neill bested Vic Spano, Rich Campbell and quasi-candidate Gary Mondfrans for the single two-year seat. (I've been reliably informed that, despite appearances, council positions are not gender-specific; there are no designated "girls" seats and "boys" seats. It just happened to work out that way this time.)
Sue Vellone and Vic Spano, both worthy candidates, were also committed to a business-friendly, developmental agenda, which seems to be the wave of the future around here, and both had respectable showings in the polls. Rich Campbell, an EPA attorney presently serving on the Planning Commission, came in third, behind both O'Neill and Spano, in the race for the two-year seat. Campbell had received the blessing of the Sierra Club, which would not seem to be as consequential as it has been in the past.
The new council will take office saddled with high expectations. It has serious, long-standing problems to deal with, and the solutions cannot infringe on those environmental qualities that have made Pacifica the unique coastal community it is today. A way must be found to pay for the breathtaking beauty we enjoy every day, a workable, equable and sustainable balance between the economy and the environment. Given that prerequisite, all options should be on the table.
Whatever the new council does, it must do it with more transparency than the former council. Closed-door discussions, while sometimes required by law, always promote suspicion and distrust. I can understand the sensitivity of, for instance, union negotiations, but council should also understand the public's vested, and intense, interest in these matters. We're the ones who are eventually paying the bills. Keep us informed. And there should be no more foolishness like "attorney-client privilege" covering up a publicly funded report.
All of the candidates, successful or not, deserve our gratitude and respect for undertaking a long, grueling, disruptive and expensive ordeal. For those whose tallies fell a few votes short of the mark, take heart; we still need your civic contributions, your energy and ideas and experience. And the next election is only two short years away.
Thanks are also due to Ginny Jaquith, who volunteered to serve out a vacated seat, and did so in her eminently classy and competent fashion.
My heartiest congratulations to those candidates who won a seat on the council, and my commiseration for the difficulties you are sure to face. Remember, you have the support of a substantial portion of the community; we want you to succeed. Now it's time to get to work. There's a lot to be done.


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This Is the Manicure You Should Get, Based on Your Astrological Sign
Facial Hair Removal: Understanding Your Options
Learn how the different forms of hair removal can help you get rid of those pesky whiskers -- on your terms
Older comments
Shaving your face never has seemed like a good idea to me, tweezing is the way to go!
by sportimonki13 Tuesday, March 6, 2012 at 02:43PM Report as inappropriate
by AmandaAmanda Sunday, March 27, 2011 at 06:30PM Report as inappropriate
For me, waxing and tweezing are the only way to go. Shaving your face is a big no no in my opinion!
by Nanette1970 Thursday, March 3, 2011 at 05:48PM Report as inappropriate
Waxing rules! I've always been curious about getting it done by a pro..hm.
by LittleBunny Wednesday, March 2, 2011 at 11:19PM Report as inappropriate
I love old school veet, just don't leave it on too long or you will end up with redness.
by RoleModel Tuesday, March 1, 2011 at 10:51PM Report as inappropriate
I'll leave it to the professionals... I'm too scared of messing up something I can't hide.
by Bon_Bon Monday, February 21, 2011 at 03:45PM Report as inappropriate
I have used (sally hansen) also got outline..burn as well..lotion only makes it worse..but shaving for some like my mom (during my entire childhood) looks like a mans beard if she doesnt.. It does depend on the individual. Please yourself first..Then worry about everyone else..
by Lassie1157 Sunday, February 6, 2011 at 09:08AM Report as inappropriate
when i used a hair removal cream for my face (a sally hansen product), it removed the hair but left my skin feeling very strange in the areas i used it. my makeup wouldn't stick to the areas i used it for almost 3 weeks! i walked around with a huge outline of where i used it on the side of my face. has anyone else ever had this issue? liquid, cream, powder... nothing would stay stick! it would just build up around it.
by BrittanyLeigh Friday, February 4, 2011 at 12:19PM Report as inappropriate
i have been shaving my peach fuzz since i was 16 and NO your hair does not grow back thicker or anything of the crazy sort. of course everyone reacts differently to any kind of shaving, waxing or tweezing but for this 23 year old hispanic girl shaving is the best option!
by Gabby0 Thursday, February 3, 2011 at 08:43PM Report as inappropriate
very good information on hair removal. I been using epilator for my hair removal and It works for me great.
by amy6 Thursday, February 3, 2011 at 06:12PM Report as inappropriate


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View more export compliance videos
Some exports require an Export License before you can ship your product. Some foreign countries have standards that you should be aware of. Lastly, there are some countries that you cannot sell to. Use this section as a primer to familiarize yourself with the licenses, standards, and legal considerations that may apply to your product(s).
Learn when you need an Export License and from whom in order to ship your products from the United States. Export licenses are issued for individual transactions determined by the product, the country, the end-use and the end-user.
Foreign Trade Regulations
The Foreign Trade Regulations (FTR), Title 15, Part 30, are the guidelines for reporting Electronic Export Information in the Automated Export System. The FTR is used to collect national export statistics and is also used for law enforcement purposes.
Global Reach Blog
Global Reach is the official blog of the Foreign Trade Division of the U.S. Census Bureau. The blog has several posts related to the Foreign Trade Regulations and maintaining export compliance.
Many foreign countries have their own standards and import certification requirements on things like: product standards, certification requirements, electricity regulations, packaging and recycling laws and quality expectations. If you want to sell your product in foreign markets you should be aware of these Foreign Standards and Certification Requirements.
Learn how the Office of Foreign Assets Control (OFAC) at the U.S. Department of Treasury enforces Economic Sanctions on specific countries based on U.S. foreign policy and national security goals, which are set forth by Congress.
Bribery of foreign government officials is prohibited by the U.S. under the "Foreign Corrupt Practices Act." Increasingly, more countries have adopted the UN Convention Against Corruption which provides similar anti-bribery provisions.
Extortion and facilitation payments are not the same as bribery and are not covered by the Foreign Corrupt Practices Act or the U.N. Convention Against Corruption.
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Welcome to the
Long-A-Coming Historical Society
We need your help!
About us:
Due to the Berlin Hotel project, extra meetings are being scheduled. Please check the Calendar often for additions.
Membership is $10 per person and $15 per family per year.
Old Railroad Day
Old Railroad Day
Cat's Meow Collectibles Available
We're the Cat's Meow! Available for sale is a wooden keepsake collectible of the Historic Berlin Railroad Station made by Cat's Meow Village company. This is a full color painted wooden keepsake approximately 7-inches long by 3 Ľ- inches tall. The oldest remaining station in the state of New Jersey. Built in 1856. is printed on the back. The cost is $20. There are only a few left, so hurry before they are gone! You can get information by using the email link.
Berlin Hotel Ornaments
Beautiful lazer cut ornaments of the Berlin Hotel are available for purchase. These ornaments are about 3 x 2 inches and are 3-D. The colors on the ornaments are an exact match to the paint on the hotel. Their box has a gold drawing of the hotel on the front. There is a card with a brief history of the hotel included. The ornaments cost $25 each. Go to the Misc. Photo Album to view a photo of the ornament. Please click here e-mail for ordering information.
Old Railroad Day
Old Railroad Day


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We would love to speak with you so please don't hesitate to reach out if you have any questions or comments.
We provide the following Services for Louisville Kentucky


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Last week the hype for Christopher Nolan's third Batman film, The Dark Knight Rises, moved into top gear with the launch of a clever and mysterious publicity campaign. On Thursday the 19th of May the official website became active, only to reveal nothing but a black screen and the sound of chanting. By the following morning, the most dedicated and geeky intelligent of fans, had filtered the noises through various ingenious programmes that visualise sound waves, revealing the Twitter hashtag #TheFireRises. To cut a long story short, the more people that Tweeted the hashtag, the more of an image from the film was revealed. Eventually a genius with time on their hands managed to expose the whole picture, giving the world its first glimpse of Tom Hardy's beastly Bane.
As exciting as all this was for fans eager to learn about the sequel to The Dark Knight's phenomenal success, such high concept viral marketing is not a new idea. Christopher Nolan in particular should know this, after previous films of his have utilised the growing trend for such campaigns. Most notably, last year's Inception generated enormous hype with lots of vague waffle about the "architecture of the mind" doing the rounds on forums before any plot details had emerged. The official Facebook page for the film released clues to the whereabouts of Inception merchandise and tickets, sparking races across British cities for the treasure. There was also a special app for the film.
Even The Dark Knight had seemingly legitimate websites, both pro and anti Harvey Dent, calling for support in the Gotham city elections for District Attorney. But the undisputed king of mystery, minimalist marketing is Lost creator JJ Abrams. He produced 2008's Cloverfield, which was perhaps the first project to truly embrace the public lust for speculation and a hunt for clues. It was promoted with the merest slither of information and talked up as a story that blurred the boundaries between fact and fiction, claiming to be comprised of "found" footage from real home videos. Lost too, made the most of secrets to stir debate amongst fans.
Abrams is the director of this summer's much anticipated Super 8, which is co-produced by the tantalising team of him and Steven Spielberg, and the trailers have adopted the same old tricks which we've come to expect. During the flurry of Super Bowl trailers earlier this year, Super 8 remained the only real enigma amongst a pack of blockbusters, which undoubtedly made it stand out. But there are also drawbacks and limitations to such cryptic and vague promotion.
A few weeks ago a select group of journalists and critics got to see the opening 20 minutes of Super 8. And whilst many of them had positive things to say, those that have already written about their snippet of Abrams' creation pack their articles with questions and a tone of scepticism as they look to extract the substance from the chorus of theories. Several commentators have said that the uneven blend of a heart warming buddy movie, a scary alien attack and effects heavy blockbuster, doesn't satisfy the hype.
Without all the frustrating teasing, perhaps the writers would have been more inclined to focus on the film's positives. How can the product ever live up to unrealistically heightened expectations? The trailers have already been ripped apart, frame by frame, for the slightest of clues. Cinemagoers with regular internet access may have heard of Super 8, but by the time of its release its barebones promotion may have left them either uninterested or so frustrated that they seek out an idiot who has leaked detailed spoilers.
Such saturation of the web certainly gets people talking and immersed by the ideas of a film. But it's not a standalone guarantee of a box office hit. For one thing, despite its all conquering swell, the internet still does not reach everyone. Even some of those that use it may not wander into areas dedicated to film or have the time and desire to unravel marketing mysteries. Other media such as television and newspapers remain a vital tool for more instant advertising reach, rather than a slow burn.
There have also been failures that are too reliant on viral campaigns, even when those campaigns are successful. Disaster epic 2012 caused such a stir about the end of the world that NASA had to set up a special page to reassure people. But after it bombed with critics and the public, the big budget project was still a flop. Countless low budget releases think that cheap online methods will assure sufficient publicity but without a breakthrough in more traditional media, most of these languish and pass unnoticed in the cyber shadows, even when they have their merits.
The fact remains that viral marketing often only helps increase the hype for an already much anticipated film. The Dark Knight Rises will be a box office success regardless but the occasional prod from the filmmakers will cause sizzling talk to increase the takings still further. JJ Abrams and Steven Spielberg are names that will attract attention because they are accomplished storytellers, not marketing magicians.
In the case of Abrams I would hope that the motivations behind his teasing details and whiffs of mystery are noble; he wants his audience as absorbed as possible by his fictional world and genuinely surprised by its twists and turns. Abrams, Spielberg, Nolan and others know that what matters in the end, after the hype, is the film itself. Get this wrong and the publicity will be a curse rather than a blessing.


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I was hoping to have a meaty and informative post today based on an hour long appearance Mike Scully did on sportswriter Jonah Keri's podcast last week. Foolishly, I assumed that Scully talking television, The Simpsons, and pop culture for such a long time had to have a few blog worthy nuggets for a boring week in August. I was wrong. About halfway through I thought I was in trouble because I only had like three and a half sentences of notes. But I stuck it out hoping for something, a snarky quote, an interesting behind the scenes story, anything.
The most interesting thing that happened was that Keri wanted to discuss the fact that "The City of New York vs. Homer Simpson" was pulled for syndication after the 2001 terrorist attacks. But Keri didn't do his homework. First, he thought Scully had been in charge of that one because it's in Season 9, and Scully had to correct him that it was one of the holdover episodes from the reign of Bill Oakley and Josh Weinstein.
Second, and this is the real killer, Keri thought the episode was still out of syndicated reruns after all these years. He even had this little introductory speech about whether or not that kind of censorship was appropriate or not. Unfortunately, it isn't true; the episode was briefly pulled but is now back in the pool with everything else. I was able to discern this fact with a quick Google search that led me to both Wikipedia ("the episode was initially taken off syndication in many areas following the September 11, 2001 attacks, but has come back into syndication in recent years") and SNPP ("As time passed and sensitivity lessened, the episode began being aired again on a regular basis"). Stuck with something he probably wasn't expecting, Scully just mentioned that the episode is on the Season 9 DVDs, and that he thought it was also in one of those smaller home video packages that grab a few episodes. So much for that.
You can see a topic list at Keri's site, and this is the direct mp3 download link, but there isn't much for the informed Simpsons fan. Scully talks in generalities about his time on the show, the two of them talk a bit about hockey and guest stars, and then Scully spends a little time plugging Parks & Recreation and the upcoming animated "Napoleon Dynamite" series. I'm not saying it's a complete waste of your time, certainly it's no worse than this blog post, but this post is a lot shorter.


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Cruz gets pushback in Facebook poll
Sen. Ted Cruz has unintentionally generated lots of Facebook love for Obamacare.
The Texas Republican recently did his own little poll about Obamacare on Facebook, asking whether the health law has improved people's lives. By the thousands, people told him it had.
"Quick poll: Obamacare was signed into law four years ago yesterday. Are you better off now than you were then? Comment with YES or NO!," says the poll he put up on March 24.
( WATCH: Open Mike with political 'data scientist' Alex Lundry)
The post has generated more than 55,700 comments — and they probably weren't what Cruz, who staged that memorable overnight filibuster-like rant against the law on the Senate floor last summer, was expecting.
They said things like: "Not only am I better off, but I have friends that are better off."
Or, "Yes I have MS and I lost my job I wouldn't be able to get any other insurance because of my pre existing condition thank you President Obama."
And, "This nation is better off for helping folks avoid the devastation that poor health can bring. Thank you, ACA!"
( QUIZ: Do you know Ted Cruz?)
In the most recent 100 comments, just two appeared more negative than positive. And many bash Cruz for his role in shutting down the government over Obamacare.
"Impeach Ted Cruz! He caused the shutdown that hurt this country badly!" one says.
But Cruz spokeswoman Catherine Frazier noted Wednesday that most of the negative responses came days after the question went up. She pointed to two liberal websites—Liberals Unite and DemocraticUnderground.com—that linked to the post and encouraged people to comment.
( Also on POLITICO: Ted Cruz closes in on lucrative book deal)
"This was clearly a manufactured, concerted effort from people on the left making comments days after the original post was put up," she said. "Probably a better use of their time would be encouraging the administration to build an Obamcare website that actually works."


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4 more found alive and well after Colorado floods
DENVER (AP) — Four people who were listed as unaccounted for in the Colorado floods have contacted authorities to say they are alive and well.
That leaves only two people who haven't been heard from, and a third who is missing and presumed dead.
The Larimer County Sheriff's Department said Tuesday the four people called authorities after their names were made public.
The death toll remains at eight.
The floods, which started in earnest on Sept. 12, caused damage across nearly 2,000 square miles. Nearly 2,000 homes were damaged or destroyed along with more than 200 miles of state highways and 50 state bridges.
The floods are also blamed for spills of about 27,000 gallons of oil in northern Colorado oil fields.
No official estimate has been released on the cost of the floods.


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Felix Hernandez pitched the Seattle Mariners' first perfect game and the 23rd in baseball history, overpowering the Tampa Bay Rays in a brilliant 1-0 victory Wednesday.
The Mariners' ace and 2010 AL Cy Young Award winner has long talked of his desire to achieve pitching perfection. He finally accomplished it against the Rays, striking out the side twice and finishing with 12 strikeouts.
It was the third perfect game in baseball this season -- a first -- joining gems by Chicago's Philip Humber against the Mariners in April and San Francisco's Matt Cain against Houston in June.
This also was the sixth no-hitter in the majors this season, three of them at Safeco Field. Humber threw his gem in Seattle, then six Mariners pitchers combined to hold the Los Angeles Dodgers hitless at the park on June 8.
For the Rays, it was an all-too-familiar feeling. This was the third time in four seasons they had a perfect game pitched against them, following Dallas Braden in 2010 and Mark Buehrle in 2009.
"I don't have any words to explain this," Hernandez said to the crowd, speaking on the field after the final out. "I've been working so hard to throw one and today is for you guys."
Desmond Jennings pinch hit for Jose Lobaton to open the ninth. Hernandez got ahead 1-2 before Jennings fouled off two straight and Hernandez fanned him on a 92 mph fastball down in the zone. Jeff Keppinger batted for Elliot Johnson and grounded out to shortstop on a 1-2 pitch.
With one out to go, Sean Rodriguez got ahead of Hernandez 2-0. Hernandez came back with two straight breaking balls for strikes and ended perfection with a called third strike on his 113th pitch.
Hernandez (11-5) threw his arms up to the sky and was mobbed by his teammates at the pitcher's mound. He embraced catcher John Jaso for a few seconds and then shared hugs with the rest of his teammates.
"It was in my mind, the whole game, it was in my mind," Hernandez said.
It was the second no-hitter this season for the Mariners -- doubling the franchise's total entering the year -- and third total at Safeco Field after the park went more than a dozen years without one. After Humber's perfect game, a six-pack of Seattle pitchers tossed a combined no-hitter against the Dodgers in June. After the six Seattle pitchers -- Kevin Millwood, Charlie Furbush, Brandon League, Tom Wilhelmsen, Stephen Pryor and Lucas Luetge.
"He never did struggle. He kept making good pitches the whole way through," Jaso said. "The last at-bat of the game, falling down 2-0, he just kept his confidence. It was great."
Unlike Cain's perfect game in June, Hernandez didn't need the help of a career-high in strikeouts or spectacular catches.
Hernandez cruised through the first five innings with little trouble. The most concerning moment may have been Sam Fuld's deep fly ball to right center leading off the game that Eric Thames tracked down on the edge of the warning track. Evan Longoria's line drive leading off the fifth eluded Hernandez's glove but was directly at second baseman Dustin Ackley.
Hernandez struck out the side in the sixth, retiring Rodriguez on a check swing to finish the inning and ending the frame having thrown just 69 pitches. Fuld tapped out to second to open the seventh and B.J. Upton grounded out to shortstop for the second out.
Tampa Bay manager Joe Maddon was then ejected for arguing balls and strikes. Maddon became incensed when plate umpire Rob Drake called strike one on Matt Joyce on a fastball that appeared outside. Maddon argued for a couple of minutes before returning to the Rays clubhouse. Joyce worked the count to 3-2, the third three-ball count Hernandez reached, before hitting an inning-ending groundout.
Seattle didn't do much in the bottom of the seventh, but it was a long inning for Hernandez on the bench, extended even further by Ryan's nine-pitch at-bat that culminated in an inning-ending grounder. The wait didn't hamper Hernandez, who struck out Longoria on a biting breaking ball to start the eighth. With chants of "Let's Go Felix!" from the crowd, Hernandez struck out Ben Zobrist. The chant grew in volume as Hernandez got ahead 1-2 to Carlos Pena and he finished off his second inning striking of striking out the side with a punchout of Pena.
It was the fifth time this season Hernandez has struck out 10 or more. Most of his outs were on the infield with only five fly ball outs.
Seattle's only run came thanks to the aggressive baserunning of Ryan. He led off the third with his first hit in 10 at-bats against Tampa Bay starter Jeremy Hellickson (7-8) with a sharp single to left. He was still standing at first with two outs when he got a great jump on a curveball that bounced in the dirt and escaped Lobaton. Ryan never hesitated at second and made it all the way to third. He then jogged home when Jesus Montero followed with a single to left and a 1-0 lead.
Notes: Maddon's ejection was his second of the season. ... Maddon said the team plans to keep IF Luke Scott on his rehab assignment in the minors through the weekend. Scott has been on the DL with an oblique strain. ... Seattle's previous individual no-hitter came when Chris Bosio shut down Boston on April 22, 1993. Seattle's other no-hitter was thrown by Randy Johnson against Detroit on June 2, 1990. ... Tampa Bay was no-hit for the fifth time in franchise history.


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BlackBerry adds security for iOS and Android to enterprise platform
Enterprise Service 10.2 extends BlackBerry's secure back end to almost any device in a BYOD setting and separates work and personal data on iOS and Android devices.
BlackBerry is adding mobility management and security monitoring to its enterprise platform and extending those features beyond the company's devices for use with any smartphone or tablet.
With BlackBerry Enterprise Service 10.2 software, iOS and Android devices can be secured, and now they will also have previously exclusive BlackBerry device features added to enhance security.
For many years BlackBerry devices have been among the most popular for creating a secure mobility management program. Administrators chose BlackBerry smartphones because of their separation of work and personal content spaces, as well as a secure back end to manage them over an enterprise.
Because of this, growth of BlackBerry devices was greatest in government and private industry, where security is and remains one of the most important factors to consider when setting up mobile services.
But times have changed. Whereas new BlackBerry devices have unique features such as BlackBerry Balance, which allows for the separation of work and personal information, the phones are not generally considered as versatile for personal use and don't have access to the huge number of apps available for other platforms.
What's more, users looking for more consumer-friendly devices have begun to purchase many more iOS and Android-based phones and tablets. And with the arrival of bring- your-own-device programs, those less secure devices are finding their way into government service.
"We had enterprise [managers] telling us that they wanted their BYOD users to be able to play Angry Birds and conduct their own personal business, but only within a dedicated space on their phones," said Jeff Holleran, senior director of enterprise product strategy for BlackBerry. "It needed to be secure and not allow any snooping."
BlackBerry responded with BlackBerry Enterprise Service 10.2 software, which extends BlackBerry's secure back end to almost any device in a BYOD setting. It also extends the ability to separate work and personal data to iOS and Android devices.
Android and iOS users on a network running BES10 will also have the Secure Work Space application, which can be setup by administrators to operate automatically with designated applications.
The software delivers a high level of control and security managed through the BES10 administration console. Managed applications are secured and separated from personal apps and data, providing integrated email, calendar and contacts, an enterprise-level secure browser and secure document viewing and editing with the Documents To Go software from DataViz.
New applications can also be deployed securely across an enterprise using the BES10 console, regardless of whether a user owns a BlackBerry, Android or iOS device. "Users of non-BlackBerry devices can now use the secure mail server and browser and can access content safely behind the firewall," Holleran said.
The BES platform will continue to expand. BES12, due later this year, will extend the security and balancing features to Windows 8 phones. It will also add cloud support that will manage all on-premise, public cloud, private cloud and hybrid environments.
BES12 will also contain a set of tools to allow administrators to develop custom enterprise mobility applications and deploy them across an entire network regardless of what devices users have as part of a BYOD program.
NEXT STORY: 10 ways to address KVM switch vulnerabilities


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An agile, mid-size studio, Atomic Fiction strives to equip its artists with the best technology tools and Shotgun has been an integral part of that toolset since the studio launched in 2010.
"For our pipeline, we took the best of what we knew and then customized the implementation of those tools," said Kevin Baillie, Atomic Fiction Co-Founder and VFX Supervisor. "Shotgun is simply the best off-the-shelf production management solution available. It's Web-based and we use the cloud quite heavily, and it made sense to use from a recruiting standpoint as nearly everyone is familiar with the system."
From the outset, Atomic Fiction has relied heavily on cloud computing and Shotgun's SaaS model plays nicely into that. Taking advantage of cloud computing for rendering, Atomic Fiction is able to expand quickly on demand while avoiding the costs of constructing and maintaining a large data center. Leveraging the cost efficiencies of rendering in the cloud along with the workflow efficiencies of Shotgun, a modest team of 35 was able to create 400 stunning VFX shots as the sole vendor for Flight.
"For Flight, the client relied on us to provide simplified reports that gave a snapshot of our status each week," Baillie explained. "Shotgun enables us to export whatever info we need - such as shot name, description, length, status, etc. – either as a Shotgun report, or into a clean Excel spread sheet. It makes our lives a lot easier and eliminates room for interpretation or confusion."
In addition to handling all the VFX work for Flight, recent projects from Atomic Fiction include creating digital facial replacements for
Underworld: Awakening, digital facial prosthetics for "Boardwalk Empire," sci-fi CG backgrounds for
Looper and video game cinematics. Currently, the studio is wrapping up VFX work for a highly anticipated blockbuster with a slated summer release.
"With Shotgun, our productions are never out of sync with reality and there is one place for all the shared info," Baillie said. "We can even populate our other pipeline tools using Shotgun's API and pull data for artists working on shots. You can really tell there was a lot of thought put into the way Shotgun functions and anyone who produces content can benefit from that without having to invest hours and hours of proprietary R&D—which is what would have been required to have this level of built-in production management without access to Shotgun."
"Atomic Fiction is really pioneering use of the cloud to make the entire VFX business model more sustainable, and we're proud their use of Shotgun helps contribute to their success," noted Don Parker, CEO of Shotgun.
Other tools used in addition to Shotgun include Autodesk Maya for modeling and animation, Autodesk 3ds Max and Luxology's Modo for modeling, Chaos Group's V-Ray for rendering, The Foundry's Nuke for compositing and Tweak's RV Software for playback.
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