Detail, east Portland photo, courtesy Miles Hochstein / Portland Ground.

For old times' sake
The bojack bumper sticker -- only $1.50!

To order, click here.

Excellent tunes -- free! And on your browser right now. Just click on Radio Bojack!

E-mail us here.


This page contains a single entry from the blog posted on April 13, 2004 3:46 PM. The previous post in this blog was The money that talks in the City That Works. The next post in this blog is See how the other 1% lives. Many more can be found on the main index page or by looking through the archives.



Law and Taxation
How Appealing
TaxProf Blog
Mauled Again
Tax Appellate Blog
A Taxing Matter
Josh Marquis
Native America, Discovered and Conquered
The Yin Blog
Ernie the Attorney
Above the Law
The Volokh Conspiracy
Going Concern
Bag and Baggage
Wealth Strategies Journal
Jim Hamilton's World of Securities Regulation
World of Work
The Faculty Lounge
Lowering the Bar
OrCon Law

Hap'nin' Guys
Tony Pierce
Parkway Rest Stop
Along the Gradyent
Dwight Jaynes
Bob Borden
Dingleberry Gazette
The Red Electric
Iced Borscht
Jeremy Blachman
Dean's Rhetorical Flourish
Straight White Guy
As Time Goes By
Dave Wagner
Jeff Selis
Alas, a Blog
Scott Hendison
The View Through the Windshield
Appliance Blog
The Bleat

Hap'nin' Gals
My Whim is Law
Lelo in Nopo
Attorney at Large
Linda Kruschke
The Non-Consumer Advocate
10 Steps to Finding Your Happy Place
A Pig of Success
Attorney at Large
Margaret and Helen
Kimberlee Jaynes
Cornelia Seigneur
And Sew It Goes
Mile 73
Rainy Day Thoughts
That Black Girl
Posie Gets Cozy
Cat Eyes
Rhi in Pink
Ragwaters, Bitters, and Blue Ruin
Rose City Journal
Type Like the Wind

Portland and Oregon
Isaac Laquedem
Rantings of a [Censored] Bus Driver
Jeff Mapes
Vintage Portland
The Portlander
South Waterfront
Amanda Fritz
O City Hall Reporters
Guilty Carnivore
Old Town by Larry Norton
The Alaunt
Bend Blogs
Lost Oregon
Cafe Unknown
Tin Zeroes
David's Oregon Picayune
Mark Nelsen's Weather Blog
Travel Oregon Blog
Portland Daily Photo
Portland Building Ads
Portland Food and
Dave Knows Portland
Idaho's Portugal
Alameda Old House History
MLK in Motion

Retired from Blogging
Various Observations...
The Daily E-Mail
Saving James
Portland Freelancer
Furious Nads (b!X)
Izzle Pfaff
The Grich
Kevin Allman
AboutItAll - Oregon
Lost in the Details
Worldwide Pablo
Tales from the Stump
Whitman Boys
Two Pennies
This Stony Planet
1221 SW 4th
I am a Fish
Here Today
What If...?
Superinky Fixations
The Rural Bus Route
Another Blogger
Mikeyman's Computer Treehouse
Portland Housing Blog

Wonderfully Wacky
Dave Barry
Borowitz Report
Stuff White People Like
Worst of the Web

Valuable Time-Wasters
My Gallery of Jacks
Litterbox, On the Prowl
Litterbox, Bag of Bones
Litterbox, Scratch
Ride That Donkey
Singin' Horses
Rally Monkey
Simon Swears
Strong Bad's E-mail

Oregon News
The Oregonian
Portland Tribune
Willamette Week
The Sentinel
Southeast Examiner
Northwest Examiner
Sellwood Bee
Mid-County Memo
Vancouver Voice
Eugene Register-Guard
OPB - Portland
Salem Statesman-Journal
Oregon Capitol News
Portland Business Journal
Daily Journal of Commerce
Oregon Business
Portland Info Net
McMinnville News Register
Lake Oswego Review
The Daily Astorian
Bend Bulletin
Corvallis Gazette-Times
Roseburg News-Review
Medford Mail-Tribune
Ashland Daily Tidings
Newport News-Times
Albany Democrat-Herald
The Eugene Weekly
Portland IndyMedia
The Columbian

The Beatles
Bruce Springsteen
Joni Mitchell
Ella Fitzgerald
Steve Earle
Joe Ely
Stevie Wonder
Lou Rawls

E-mail, Feeds, 'n' Stuff

Tuesday, April 13, 2004

Justice at the podium

Justice Scalia's speeches are causing a ruckus again. This time federal marshals confiscated and erased tapes that two reporters were making of one of his addresses. Since Scalia has long forbidden recording of his public talks, the marshals apparently felt they were doing what he wanted.

Today we learn that Scalia did not approve of the confiscation. He apologized to the reporters involved. And now apparently he will allow taping so that print media types can use the tapes to verify any quotations they are planning to use. But taping by radio, television and other electronic media will still be forbidden -- especially if they intend to play any part of the tape on the air.

So now the electronic media is up in arms, claiming that Scalia's distinction violates their First Amendment rights.

First the Pledge of Allegiance recusal, now this. I think the justice's best course might be to open his future speeches up for broadcast, or to take a break from giving them for a while.

Comments (11)

There is no 'First Amendment' right for listening. Period. The First Amendment only allows folks to talk if they want. The 'electronic media' needs to quit whining about this.

Is Scalia's decision a curious or distasteful one? Perhaps. Does it go against 'tradition' or precedent? Somewhat, but that depends on whether include all citizens of the US, or only government workers.

But Scalia's decision is not illegal. And far from a 'Constitutional issue'.

I agree there is no First Amendment right to listen. However, I think the real concern is what right do the Justices or their minions have to confiscate recording devices.

Furthermore, Scalia's behavior, as of late, has become a little disconcerting.

What right does security at a pop-music concert have to seize your equipment if they see it inside a performance? Same thing.

What behaviors of Scalia, exactly, are you referring to?

In a concert there are explicit rules, spelled out before the show, prohibitting any recording devices. And even then, most reporters are allowed to record the event.

In Scalia's case, (and maybe I have the facts wrong), he saw the reporters sit down and then half way through the speech demanded their recording devices. And hey, there is probably some law granting him this right. I just find it strange that he refuses to let his speeches be recorded.

As for specific behavior. Well, commenting on the school prayer case before it was adjudicated by the Supreme Court wasn't very professional. Going on vacation with the key member in a future court case isn't very professional. And seizing recording devices from reporters during a speech is troublesome to say the least. Legal, maybe. But still a little disconcerting.

While I don't agree with Scalia, I find his articulate conservative opinion refreshing. His arguments are always very well laid out, and he brings up points that many people overlook. I just think a couple of months without being in the limelight might be in order here.

I missed his vacation deal, what case was that? I'm not being dense here, I live in Japan - so I've missed some recent news.

Apparently, Scalia went on a duck hunting trip with Vice President Dick Cheney. Cheney is a defendant in an upcoming environmental case brought by the Sierra Club. The Sierra Club asked for Scalia's recusal and he refused. I actually think Scalia was right not to recuse himself, and I don't think duck hunting with Cheney jeopardizes the case. I just wish Scalia would excercise a little better judgement.

Japan, huh. Never been there, but after watching "Lost in Translation" I've been dying to visit Tokyo.

Are you on your mission?

Leaving the duck hunting aside, Justin made the right distinction here: there's a substantive difference between security goons at a Counting Crows concert and federal marshals at a lecture given by a Supreme Court justice. And at the risk of people thinking I do nothing but read, here's Dahlia Lithwick on just this topic:

Yeah, Scalia's incident (at best) seems to be: the marshalls got carried away with forbidding folks to record stuff. At the same time, reporters have no right to record things simply because they are 'of the press'. A disturbing incident, kinda. Illegal? I'm still not convinced. Bottom line - if the rules say 'no recording' - that means 'no recording'. Period.

Matt - I just skimmed the article on Slate. I am reminded of a court-case which I was on jury-selection for not-so-long ago (in PDX, natch). The judge said we jurors couldn't bring in any books if we were on the jury.

WTF? No dictionary? The prohibition against something as simple as a dictionary is pretty silly to me. And given that a lawyer may use some terms that go above the jurors selected for a trial (insert comments here), forbidding any books seems silly. And the fact that I can't bring in a copy of the constitution (or a copy of state law, to boot) seems curious to me (at the least).

Justin - Cheney a defendant in a Sierra Club lawsuit? That seems extreme. What does the VP have to do with an environmental lawsuit? If I had a bac PC made by Hewlett-Packard, I wouldn't take Ms. Fiorna to court.

Me in Japan? No mission, just teaching english. A nice change of pace from the USA. The pay is horrendously low, but the rest of life here is great.

I haven't seen 'Lost in Translation' yet. But what I've heard so far it seems that the reviewers were pretty quick to kiss the *ss of anyone with a last name of Coppola. A nice movie, to be sure. But the specifics of the city seem to have little to do with the movie. Set the movie in Rome, Moscow, or Sri Lanka and you've got the same effect.

Having said that, the few Japanese reviewers I've read are pretty pissed - it seems the movie pretty well summarrized a few Japanese stereotypes.

This is off topic but...

In retrospect, Lost In Translation (LIT) does perpetuate Japanese stereotypes. But its just a movie, so I don't really have a problem with it. And, I still thought the city looked cool. Also watch the film, because I don't think it would work in any other city in the world.

The problem with LIT is that it received too much praise. And thus failed to live up to people's expectations. However, for a movie about jetlag, I thought Coppola pulled it off.

Nonetheless, Bill Murray is the most underrated actor in the world. He was priceless in "Rushmore" and "Groundhog Day." And I hope one day he wins that elusive Oscar...

More off topic.....

One reviewer said, "I'll miss them" - speaking of the characters. I still haven't seen the movie (imagine, it's not shown in japan....), but I get the feeling that the bits of the movie about the 2 main characters is actually pretty interesting.

On the flip-side, another review commented along the lines of: At the same time, it's hard to relate to the complaints of 2 folks who can afford (or be afforded to) lodge at the spendiest hotel in Tokyo. They got problems? Fine, but when you are bored in fancy digs - those are nice problems.

Back to Ms. Coppola - I'm curious if she can actually do something as good next time.

And kudos to Bill Murray. His lack-of-an-Oscar is reason enough to start yet another awards show....Just so he can get a freakin' trophy already.


The Cheney case arose out of the Sierra Club's efforts to force disclosure of the membership of and deliberations of Cheney's "Energy Task Force" at the beginning of the administration. It's a right-of-access case, not an environmental case per se.

And as a trial lawyer, I can tell you that the reason for the nobooks/statutes/Constitution rule in the jury room is that the jury's factfinding process is supposed to take place in a vacuum filled only by the evidence received during the trial and the judge's instructions as to the law. Courts don't want jurors bringing in statutes or caselaw and deciding for themselves what the governing law is. This is often a sensible practice, as allowing too much free-thinking by jurors may inject into cases issues already taken out by the parties through settlement, motion practice, etc. On the other hand, not getting full information is consistently one of the things people report as being most frustrating about jury service.


As a lawyer/blogger, I get
to be a member of:

In Vino Veritas

Lange, Pinot Gris 2015
Kiona, Lemberger 2014
Willamette Valley, Pinot Gris 2015
Aix, Rosé de Provence 2016
Marchigüe, Cabernet 2013
Inazío Irruzola, Getariako Txakolina Rosé 2015
Maso Canali, Pinot Grigio 2015
Campo Viejo, Rioja Reserva 2011
Kirkland, Côtes de Provence Rosé 2016
Cantele, Salice Salentino Reserva 2013
Whispering Angel, Côtes de Provence Rosé 2013
Avissi, Prosecco
Cleto Charli, Lambrusco di Sorbara Secco, Vecchia Modena
Pique Poul, Rosé 2016
Edmunds St. John, Bone-Jolly Rosé 2016
Stoller, Pinot Noir Rosé 2016
Chehalem, Inox Chardonnay 2015
The Four Graces, Pinot Gris 2015
Gascón, Colosal Red 2013
Cardwell Hill, Pinot Gris 2015
L'Ecole No. 41, Merlot 2013
Della Terra, Anonymus
Willamette Valley, Dijon Clone Chardonnay 2013
Wraith, Cabernet, Eidolon Estate 2012
Januik, Red 2015
Tomassi, Valpolicella, Rafaél, 2014
Sharecropper's Pinot Noir 2013
Helix, Pomatia Red Blend 2013
La Espera, Cabernet 2011
Campo Viejo, Rioja Reserva 2011
Villa Antinori, Toscana 2013
Locations, Spanish Red Wine
Locations, Argentinian Red Wine
La Antigua Clásico, Rioja 2011
Shatter, Grenache, Maury 2012
Argyle, Vintage Brut 2011
Abacela, Vintner's Blend #16 Abacela, Fiesta Tempranillo 2014
Benton Hill, Pinot Gris 2015
Primarius, Pinot Gris 2015
Januik, Merlot 2013
Napa Cellars, Cabernet 2013
J. Bookwalter, Protagonist 2012
LAN, Rioja Edicion Limitada 2011
Beaulieu, Cabernet, Rutherford 2009
Denada Cellars, Cabernet, Maipo Valley 2014
Marchigüe, Cabernet, Colchagua Valley 2013
Oberon, Cabernet 2014
Hedges, Red Mountain 2012
Balboa, Rose of Grenache 2015
Ontañón, Rioja Reserva 2015
Three Horse Ranch, Pinot Gris 2014
Archery Summit, Vireton Pinot Gris 2014
Nelms Road, Merlot 2013
Chateau Ste. Michelle, Pinot Gris 2014
Conn Creek, Cabernet, Napa 2012
Conn Creek, Cabernet, Napa 2013
Villa Maria, Sauvignon Blanc 2015
G3, Cabernet 2013
Chateau Smith, Cabernet, Washington State 2014
Abacela, Vintner's Blend #16
Willamette Valley, Rose of Pinot Noir, Whole Clusters 2015
Albero, Bobal Rose 2015
Ca' del Baio Barbaresco Valgrande 2012
Goodfellow, Reserve Pinot Gris, Clover 2014
Lugana, San Benedetto 2014
Wente, Cabernet, Charles Wetmore 2011
La Espera, Cabernet 2011
King Estate, Pinot Gris 2015
Adelsheim, Pinot Gris 2015
Trader Joe's, Pinot Gris, Willamette Valley 2015
La Vite Lucente, Toscana Red 2013
St. Francis, Cabernet, Sonoma 2013
Kendall-Jackson, Pinot Noir, California 2013
Beaulieu, Cabernet, Napa Valley 2013
Erath, Pinot Noir, Estate Selection 2012
Abbot's Table, Columbia Valley 2014
Intrinsic, Cabernet 2014
Oyster Bay, Pinot Noir 2010
Occhipinti, SP68 Bianco 2014
Layer Cake, Shiraz 2013
Desert Wind, Ruah 2011
WillaKenzie, Pinot Gris 2014
Abacela, Fiesta Tempranillo 2013
Des Amis, Rose 2014
Dunham, Trautina 2012
RoxyAnn, Claret 2012
Del Ri, Claret 2012
Stoppa, Emilia, Red 2004
Primarius, Pinot Noir 2013
Domaines Bunan, Bandol Rose 2015
Albero, Bobal Rose 2015
Deer Creek, Pinot Gris 2015
Beaulieu, Rutherford Cabernet 2013
Archery Summit, Vireton Pinot Gris 2014
King Estate, Pinot Gris, Backbone 2014
Oberon, Napa Cabernet 2013
Apaltagua, Envero Carmenere Gran Reserva 2013
Chateau des Arnauds, Cuvee des Capucins 2012
Nine Hats, Red 2013
Benziger, Cabernet, Sonoma 2012
Roxy Ann, Claret 2012
Januik, Merlot 2012
Conundrum, White 2013
St. Francis, Sonoma Cabernet 2012

The Occasional Book

Marc Maron - Waiting for the Punch
Phil Stanford - Rose City Vice
Kenneth R. Feinberg - What is Life Worth?
Kent Haruf - Our Souls at Night
Peter Carey - True History of the Kelly Gang
Suzanne Collins - The Hunger Games
Amy Stewart - Girl Waits With Gun
Philip Roth - The Plot Against America
Norm Macdonald - Based on a True Story
Christopher Buckley - Boomsday
Ryan Holiday - The Obstacle is the Way
Ruth Sepetys - Between Shades of Gray
Richard Adams - Watership Down
Claire Vaye Watkins - Gold Fame Citrus
Markus Zusak - I am the Messenger
Anthony Doerr - All the Light We Cannot See
James Joyce - Dubliners
Cheryl Strayed - Torch
William Golding - Lord of the Flies
Saul Bellow - Mister Sammler's Planet
Phil Stanford - White House Call Girl
John Kaplan & Jon R. Waltz - The Trial of Jack Ruby
Kent Haruf - Eventide
David Halberstam - Summer of '49
Norman Mailer - The Naked and the Dead
Maria Dermoȗt - The Ten Thousand Things
William Faulkner - As I Lay Dying
Markus Zusak - The Book Thief
Christopher Buckley - Thank You for Smoking
William Shakespeare - Othello
Joseph Conrad - Heart of Darkness
Bill Bryson - A Short History of Nearly Everything
Cheryl Strayed - Tiny Beautiful Things
Sara Varon - Bake Sale
Stephen King - 11/22/63
Paul Goldstein - Errors and Omissions
Mark Twain - A Connecticut Yankee in King Arthur's Court
Steve Martin - Born Standing Up: A Comic's Life
Beverly Cleary - A Girl from Yamhill, a Memoir
Kent Haruf - Plainsong
Hope Larson - A Wrinkle in Time, the Graphic Novel
Rudyard Kipling - Kim
Peter Ames Carlin - Bruce
Fran Cannon Slayton - When the Whistle Blows
Neil Young - Waging Heavy Peace
Mark Bego - Aretha Franklin, the Queen of Soul (2012 ed.)
Jenny Lawson - Let's Pretend This Never Happened
J.D. Salinger - Franny and Zooey
Charles Dickens - A Christmas Carol
Timothy Egan - The Big Burn
Deborah Eisenberg - Transactions in a Foreign Currency
Kurt Vonnegut Jr. - Slaughterhouse Five
Kathryn Lance - Pandora's Genes
Cheryl Strayed - Wild
Fyodor Dostoyevsky - The Brothers Karamazov
Jack London - The House of Pride, and Other Tales of Hawaii
Jack Walker - The Extraordinary Rendition of Vincent Dellamaria
Colum McCann - Let the Great World Spin
Niccolò Machiavelli - The Prince
Harper Lee - To Kill a Mockingbird
Emma McLaughlin & Nicola Kraus - The Nanny Diaries
Brian Selznick - The Invention of Hugo Cabret
Sharon Creech - Walk Two Moons
Keith Richards - Life
F. Sionil Jose - Dusk
Natalie Babbitt - Tuck Everlasting
Justin Halpern - S#*t My Dad Says
Mark Herrmann - The Curmudgeon's Guide to Practicing Law
Barry Glassner - The Gospel of Food
Phil Stanford - The Peyton-Allan Files
Jesse Katz - The Opposite Field
Evelyn Waugh - Brideshead Revisited
J.K. Rowling - Harry Potter and the Sorcerer's Stone
David Sedaris - Holidays on Ice
Donald Miller - A Million Miles in a Thousand Years
Mitch Albom - Have a Little Faith
C.S. Lewis - The Magician's Nephew
F. Scott Fitzgerald - The Great Gatsby
William Shakespeare - A Midsummer Night's Dream
Ivan Doig - Bucking the Sun
Penda Diakité - I Lost My Tooth in Africa
Grace Lin - The Year of the Rat
Oscar Hijuelos - Mr. Ives' Christmas
Madeline L'Engle - A Wrinkle in Time
Steven Hart - The Last Three Miles
David Sedaris - Me Talk Pretty One Day
Karen Armstrong - The Spiral Staircase
Charles Larson - The Portland Murders
Adrian Wojnarowski - The Miracle of St. Anthony
William H. Colby - Long Goodbye
Steven D. Stark - Meet the Beatles
Phil Stanford - Portland Confidential
Rick Moody - Garden State
Jonathan Schwartz - All in Good Time
David Sedaris - Dress Your Family in Corduroy and Denim
Anthony Holden - Big Deal
Robert J. Spitzer - The Spirit of Leadership
James McManus - Positively Fifth Street
Jeff Noon - Vurt

Road Work

Miles run year to date: 5
At this date last year: 3
Total run in 2017: 113
In 2016: 155
In 2015: 271
In 2014: 401
In 2013: 257
In 2012: 129
In 2011: 113
In 2010: 125
In 2009: 67
In 2008: 28
In 2007: 113
In 2006: 100
In 2005: 149
In 2004: 204
In 2003: 269

Clicky Web Analytics