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#198: Verser Trials

This is mark Joseph “young” blog entry #198, on the subject of Verser Trials.

With permission of Valdron Inc I have begun publishing my third novel, For Better or Verse, in serialized form on the web (that link will take you to the table of contents).  If you missed the first two, you can find the table of contents for the first at Verse Three, Chapter One:  The First Multiverser Novel, and that for the second at Old Verses New.  There was also a series of web log posts looking at the writing process, the decisions and choices that delivered the final product; those posts are indexed along with the chapters in the tables of contents pages.  Now as the third is posted I am again offering a set of “behind the writings” insights.  This “behind the writings” look definitely contains spoilers because it sometimes talks about what I was planning to do later in the book–although it sometimes raises ideas that were never pursued.  You might want to read the referenced chapters before reading this look at them.  Links below (the section headings) will take you to the specific individual chapters being discussed, and there are (or will soon be) links on those pages to bring you back hopefully to the same point here.

There is also a section of the site, Multiverser Novel Support Pages, in which I have begun to place materials related to the novels beginning with character papers for the major characters, hopefully giving them at different stages as they move through the books.

These were the previous mark Joseph “young” web log posts covering this book:

  1. #157:  Versers Restart (which provided this kind of insight into the first eleven chapters);
  2. #164:  Versers Proceed (which covered chapters 12 through 22);
  3. #170:  Versers Explore (which covered chapters 23 through 33);
  4. #174:  Versers Achieve (chapters 34 through 44);
  5. #180:  Versers Focus (chapters 45 through 55);
  6. #183:  Verser Transitions (chapters 56 through 66);
  7. #186:  Worlds Change (chapters 67 through 77);
  8. #191:  Versers Travel (chapters 78 through 88).

This picks up from there, with chapters 89 through 99.

History of the series, including the reason it started, the origins of character names and details, and many of the ideas, are in those earlier posts, and won’t be repeated here.

Chapter 89, Slade 78

I had been thinking about the trial quite a bit since the arrest, when I realized that Slade had given away the book.  I remembered that Filp had said the peasant wasn’t with the soldiers.  I almost went back and changed the text, so that Slade would have kept the book.  I realized, though, that the book could be carried to court by the enemy, quite inadvertently, and brought in that way.

The note that appealing to the King’s impartiality was a way to influence him caught my fancy, so I had to include it.

I decided it was time for Shella to call him Bob.  It seemed the right name at that moment.

Saying that the story of recent days would not have made a good book was, of course, a bit of a self-conscious joke.  Perhaps all stories make good books, if you know how to tell them; or perhaps in creating this one, it was necessary to include bits that would be good to tell.


Chapter 90, Brown 82

The manufacture and testing of the potion seemed a necessary step; it also gave me an opportunity to get a bit of action into Derek’s story at that moment.

The idea that he had to explain it to his father struck a chord with my young test audience.

The use of the pronoun “it” for the antecedent “the man” was intentional, distancing the sprite version of Derek from humanity.


Chapter 91, Hastings 123

At this point in the story, I’m trying to construct the foundation of something that will let Lauren have a lot of action bringing down vampires, but hold off the climactic confrontations against Tubrok until after Derek and Slade arrive.  I figure Derek will work out the computer hacking part, and get the domes opened.  I also expect that I’ll leave Merlin with Derek and Bethany (I haven’t figured out yet whether Slade survives the battle) to continue battling vampires after Lauren is gone and Tubrok is dead.

I particularly liked the idea that the domes served no real function, but were built for a lot of reasons none of which were good.

In high school I toured Romania with a high school choral group.  It was part of a cultural exchange program, so we had a guide provided by the government.  That was at a time when the Jesus Movement was in full force in our communities, and some of my classmates engaged the guide in discussion about why he would not become a Christian.  His answer, simply, was that in Romania you were either a Christian or a member of the Communist Party, and the advantages of the latter were so plainly evident that that is what he had chosen.  I think that memory may have influenced this notion about the Superiority Party:  if you want to be anything important in society, you have to become a vampire, so people are eager to join.


Chapter 92, Slade 79

I decided immediately after the trial scene that Slade would be at dinner and the king would not be, but that the prince, who is a bit less cool than his father, would raise the matter of the book.  I also thought Slade would not take that well, but Shella could shine in her function of cool intermediary here.

I also had sketched out the preparations for war to some degree.  Sir Matthias is named for the apostle of that name.


Chapter 93, Brown 83

The reaction of the elders was carefully considered.  I did not think they would be enthused; on the other hand, it would make the story longer and much more difficult were they opposed.  Thus it became Derek’s task to convince them.


Chapter 94, Hastings 124

I realized that I was going to have a lot of vampire combats ahead, and I had to keep these interesting while at the same time not overburdening the text with them.  The idea of entering the scene as a fight was ending, and of referencing several fights not described, also let me give the impression that Lauren had now been here for a while and was working toward her ultimate goal.

The teleport idea had occurred to me along the way.  I realized that there was an ability in the game books to trace teleport paths, and it was too much to think that no one in this world would have it, or that they would not work for Tubrok.  Thus creating a difficult trail seemed appropriate, and I gave some consideration to how that might be done.

I liked the decapitation blow that had been used on Tubrok in the second book, and thought it made sense for Lauren and Bethany to work on perfecting that.  It also seemed that I couldn’t allow it to be instantly fatal on all vampires, or they would cease to look dangerous.  Here it presents itself as more of a finishing blow, something they launch when they know they have an opening.  The teamwork aspect also appealed to me.

It is one of those things you find in eschatological studies, that people want to know who the beast is and so sometimes believers use the name for someone or something they think will be the antichrist.  There was a computer in Europe decades ago that was to run the financial systems of the banking world to which one of the people involved in its development gave this name, precisely because it was used in Revelation.  The fact that Tubrok is inhuman and feeds on humans made the name natural here, but it is part of the apocalyptic feeling already hinted in a previous chapter when Lauren said that possibly only the return of Christ would completely destroy the vampires.


Chapter 95, Slade 80

The time it takes to go to war in this milieu was worth bringing out for contrast.  The complications of having Shella ride with them took some thought to resolve.

I also lingered a bit over the troops on the road, and whether they would fight.  I decided it was not necessary and not profitable to anyone.  In my mind I’m moving toward a battle of significant proportion, but coupled with a sort of guerilla action Slade leads to take the castle.


Chapter 96, Brown 84

The marriage was in part a delaying tactic, so that something would be happening in Derek’s life besides the pending war; it was also put there because of Slade’s wedding, so that I could do something different with this.  Although I had been swithering about whether to have them marry and take Dearie into the verse with Derek, by this point I’d decided that really wasn’t going to be a good choice.  Maybe I would bring Derek back to find Dearie later, but for now I needed to keep him single.

I’d also decided on the conversation with the elf, which I bumped to the next chapter because I felt it needed to break at the moment the engagement was announced.


Chapter 97, Hastings 125

The wolves came to my mind at just about this time, and I thought it not unreasonable that Lauren would not have thought of them sooner, so I brought them into the story again.

For Garith, I wanted another growlish name, and that was the best I had at the time.  Sielle was actually named for a dog belonging to a crazy landlady we had our first year of marriage; but the dog was named Sienna, after the paint color.


Chapter 98, Slade 81

At this point, I was looking for an out for Slade, stalling Lauren until I got people to join her, and trying to bring my threesome together without running roughshod over someone’s story.  A commando raid seemed better than a major battle.

There was on the edge of my brain a movie in which the couple is in a bind, but she’s got a gun.  He says, “I love you,” and she says, “I know,” and as he turns to face the villain she shoots him (the villain).  It took me several years to realize that it came from Star Wars.


Chapter 99, Brown 85

I’d been thinking about this conversation for a while.  I’m decided that Derek never married Dearie, but it won’t be for his choice.

The line “You’re committed now, or you will be” is of course a joke to be said when you have decided to say or do something that will seem crazy.  I know I’ve said it before I wrote it here, but don’t know whether it’s original with me or whether I heard it somewhere else.


This has been the ninth behind the writings look at For Better or Verse.  Assuming that there is interest, I will continue preparing and posting them every eleven chapters, that is, every three weeks.

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#197: Launching the mark Joseph “young” Forums

This is mark Joseph “young” blog entry #197, on the subject of Launching the mark Joseph “young” Forums.

Once upon a time, what now seems a long, long time ago in a galaxy far, far away, there were forums at Gaming Outpost.

Well, there were forums almost everywhere, but the ones at Gaming Outpost were significant, big deal forums in the gaming world for a while, and then not so much but still important to me and to many of those who read my work and played Multiverser.  They were probably then the most reliable way to reach me, and there were plenty of discussions, not to mention quite a few games played, on those forums.

Then they crashed, and all of that was lost.

I can’t promise that this won’t happen to these new forums, but we’re going to make an effort, with the help of our Patreon and PayPal.me supporters, to keep them up and running, and to pay attention to what is posted here.

I arranged the forums in alphabetical order; I was going to arrange them in reverse alphabetical order, because I have always hated being the last in line for everything, but as I installed them the software put the next one on top, and although I could see how to resequence them, I realized that that would put Bible and Theology on the bottom, and while I’m not a stickler for silly formalities I could see that some people would object to that, more so than anyone would object to any other forum being at the bottom.  It is probably appropriate that it is on top.  The forum categories correspond roughly to the web log main topics, with a few tweaks and additions.

I long wished for a place to discuss time travel and time travel movies, and that’s there now.  I don’t expect most of the discussions will wind up here, but perhaps at least some will, and that will make it worthwhile.  I’ve also made a home for discussions of the Christian Gamers Guild Faith and Gaming series, and for the upcoming (this December) Faith in Play and RPG-ology series there.  There are music and ministry sections, space for logic problems discussions, law and politics pages, space for games, and a place to discuss my books, if anyone is interested in any of those topics.

I have also added a Multiverser game play forum.  I have in the past been overwhelmed by the number of players who wanted to play, even with my rule that I would only post one time per day to any game thread and expected players to observe the same courtesy (except for obvious correction posts).  Please do not presume that because you want to play Multiverser you can just start a thread and I’ll pick up your game.  I will give first priority to people who have played the game with me before, whether live or online, picking up where we were; I will also open the door on an individual basis to people who have wanted to play for a long time but for various reasons have not been able to do so (such as Andrew in South Africa).  Beyond that, well, talk to me and I’ll see what kind of time I have–after all, I have no idea how many of my previous players will return, or how much work it’s going to be to get back up to speed on their long-interrupted games.

My thanks to Kyler and Nikolaj, who have already helped me track down some of the bugs and fix them.  I’m told that if you are not registered, the link on the top left corner of the page will work, but the one on the top right corner will not–unfortunately, I can neither see either link while logged into the site, nor find how to fix a lot of those problems.  But I am working on it, and there is a forum specifically for contacting me about problems, and a link to my Facebook page if you can’t even get as far as that.

I look forward to seeing you.

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#196: A Church and State Playground

This is mark Joseph “young” blog entry #196, on the subject of A Church and State Playground.

Back in the winter we noted, in web log post #158:  Show Me Religious Freedom, that the United States Supreme Court was going to decide a case concerning whether a church-affiliated school could be denied participation in a public welfare program simply because it was sponsored by a religious institution.  That decision has been reached, in Trinity Lutheran Church of Columbia, Inc. v. Carol S. Comer, Director, Missouri Department of Natural Resources, 582 U.S. ___ (2017), and the majority opinion is very like what we previously suggested, but there are three concurring opinions that quibble on the details and one dissent that is scathing, fairly well reasoned, and as long as the other four opinions combined.

Chief Justice Roberts delivered the opinion of the court, joined in full by Justices Kennedy, Alito, and Kagan; Justices Thomas and Gorsuch also joined the opinion, with the exclusion of “footnote 3”, and each of them filed a concurring opinion, and joined in supporting each other’s concurring opinion.  Justice Breyer filed an opinion concurring in the judgement.  It is Justice Sotamayer who wrote the lengthy dissent, in which Justice Ginsburg joined.

To recount briefly, Missouri runs a program which provides funding to resurface playgrounds with recycled tires.  There is a tax on new tire purchases which funds the collection and recycling of discarded tires, converting these into a “pour-in-place” durable soft surface which reduces injuries on playgrounds.  The application process for determining eligibility to receive such a “grant” examines many factors including the economic circumstances of the area, the public use of the playground, and more.  On a list of forty-four applicants, the school ranked fifth, but did not receive one of the fourteen grants because it was affiliated with a religious institution, and the department had a policy of refusing to provide money to any religiously-affiliated institution, consistent with the Missouri State Constitution Article I, Section 7, which we quoted in the previous article.  This led to a court battle over whether the State, by refusing to permit a religiously-affiliated school from participating in a program that provided aid for non-religious programs, had violated the Free Exercise Clause of the First Amendment, by making eligibility for a public assistance program dependent on renouncing a religious belief or association.

All five opinions discuss the balance between the Free Exercise Clause, that the government cannot interfere with someone’s beliefs, and the Establishment Clause, that the government cannot support one set of beliefs over another.  Neither clause is exactly absolute.  For example, it is agreed that the Establishment Clause does not mean that the publicly-funded fire department can’t put out a burning church or synagogue, or that the police won’t investigate a theft of church property.  The Free Exercise Clause has also been tested, and laws have been overturned which prevented ordained ministers from serving in elected public office, on the grounds that such laws forced a person to choose between his religious beliefs expressed in his vocation and his right as a citizen to run for office.

A lot of the discussion on both sides concerned the previous case Locke v. Davey, 540 U. S. 712 (2004).  In Locke, the State of Washington ran a post-secondary education scholarship program based on outstanding scholastic achievement, but with a specific clause stating that the scholarship money could not be used for ministerial training.  The student claimed that the program was a violation of the Free Exercise Clause, but the Court held that under the Establishent Clause the State could refuse to fund ministerial training, particularly given that the program did not exclude schools which offered such courses or the courses themselves, only a degree program of that nature.  They have always maintained that there was some space between the two clauses, in which States were not compelled by either to act in a particular way; the question was whether in this case the state was forced to act one way or the other, or was free to act as it chose.

The majority felt that this case was more like McDaniel v. Paty, 435 U. S. 618 (1978), in which ordained ministers were barred from seeking election to public office, and the Court held that this amounted to denying a citizen a fundamental right available to all citizens (running for public office) based solely on religious belief.  The playground was not part of a religious training program, but a part of ordinary educational aid made available broadly to the community, and the church had been excluded from the program solely because it was a church, having a religious purpose in its existence.  The denial of the right to participate in the program was a violation of the Free Exercise Clause, because it required the church to choose between abandoning its religious faith and participating in a common government welfare program designed for the protection of children.  A significant part of the decision can summarized in the Court’s words

…denying a generally available benefit solely on account of religious identity imposes a penalty on the free exercise of religion that can be justified only by a state interest “of the highest order.”

Under such “strict scrutiny” the policy failed.

To some degree, the concurring opinions have to do with footnote 3, which reads

This case involves express discrimination based on religious identity with respect to playground resurfacing.  We do not address religious uses of funding or other forms of discrimination.

Justice Thomas expressed the view that Locke failed to apply strict scrutiny to the facts in that case, and ought to be overturned–but that that was not a question before the court at this time.  However, he thought footnote 3 too limiting, and deferred to Justice Gorsuch’ concurring opinion for that.

Justice Gorsuch says that the Court makes an indefensible distinction between religious status and religious use, and so distinguishes Locke from the present case.  He makes the point thus, comparing the two cases:

Is it a religious group that built the playground?  Or did a group build the playground so it might be used to advance a religious mission?….was it a student who wanted a vocational degree in religion?  or was it a religious student who wanted the necessary education for his chosen vocation?

The only justification for the decision in Locke, in Gorsuch’ view, is the “long tradition against the use of public funds for training of the clergy”.  As to footnote 3, he feared it would be misconstrued as saying that the principles on which this decision was based do not apply outside very narrow fact sets, which he thought was incorrect.

Justice Breyer put the emphasis on the fact that the program involved was intended “to secure or to improve the health and safety of children” and was in that sense not different from other public welfare programs such as police and fire protection.  He did not want to extend the decision too far, but thought in this case it was a clear violation of the Free Exercise Clause, and that for programs akin to this the fact that the applicant was a religious school should not exclude it.

Interestingly, none of these opinions declared that the Missouri Constitution’s Article I section 7 was unconstitutional; the majority opinion merely stated that as interpreted by the Missouri Supreme Court it ran afoul of the Free Exercise Clause, and so would have to be understood differently in the future.

Justice Sotamayer’s dissent is long, involved, and pointed.

Her most cogent point is that the church identifies the school as part of its ministry, intended to build the foundations of Christian faith in its students, whether children of church members or others from the community.  We have established that States can refuse to pay scholarships for ministerial training.  It is reasonable to conclude that the State can refuse to pay for Bibles, Korans, Torahs, as well as vestments, chalices, sacramental elements.  Arguably the doors, windows, roofs, and walls of church buildings are part of the ministry.  We would not use government money to pay for such acoutrements, because they are in a sense part of the ministry.

Yet it is clear that this is not so.

In the wake of Hurricane Sandy, it was established the Federal Flood Insurance and Disaster Relief could be used to rebuild damaged churches, as long as it was distributed even-handedly–that is, not favoring any particular religion.  So government money can be used for repairing physical plant of religious buildings.

Further, the National School Lunch Act provides discounted and free lunches to students in private and parochial schools without regard for the religious nature of the school, because lunch is neutral and it would be discriminatory against the religious choices of these families to exclude them from an otherwise neutral benefit because they are attending a religious private school.

So on the one hand we ask ourselves whether the playground is part of the ministry of the church, and in a sense it is, but in the same sense that the lunchroom is part of the ministry of the church.  Indeed, from the perspective of the Christian faith, every congregant is an extension of the ministry of the church, and yet we know that people cannot be excluded from government assistance programs simply because they are members of a faith which regards all of its members as ministers.  The government cannot avoid giving money to church ministries, as the church understands them, because whenever money is given to people who belong to the church, it is aiding the ministry of the church.

And on the other hand, we ask ourselves to what degree the support of the playground is supporting the religious mission of the church.  In many states it is a requirement that schools include a physical education program, and although Trinity’s school is essentially preschool the playground may be necessary to their certification–that is, if all schools must have some kind of playground for physical activity, then the playground is clearly meeting a secular, a non-religious, requirement.  Stating that it is a part of the ministry of the church certainly calls the matter into question, but seen in perspective, the answer should be obvious, that state money given to religious institutions for secular purposes such as meals and playgrounds are not a violation of the Establishment Clause, and might well be required, as the majority observes, under the Free Exercise clause.

None of this touches the deeper problem, that the language in the Missouri State Constitution is Blaine Amendment language, which as we observed was inserted for essentially religious (anti-Catholic) purposes.  However, since no party addressed this, that issue remains for the future.

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#195: Probabilities in Dishwashing

This is mark Joseph “young” blog entry #195, on the subject of Probabilities in Dishwashing.

I was going to call this, What Are the Odds?, but that’s too useful a title to use for this.  Actually, almost every time my bill rings up to an exact dollar amount, ending “.00”, I say that to the cashier, and usually they have no idea, so usually I tell them.  But I’m a game master–I’ve been running Multiverser™ for over twenty years, and Dungeons & Dragons™ for nearly as long before that.  I have to know these things.  After all, whenever a player says to me, “What do I have to roll?”, he really means “What are the odds that this will work?”  Then, usually very quickly by the seat of my pants, I have to estimate what chance there is that something will happen the way the player wants it.  So I find myself wondering about the odds frequently–and in an appendix in the back of the Multiverser rule book, there were a number of tools provided to help figure out the odds in a lot of situations.

And so when I saw an improbable circumstance, I immediately wondered what the odds were, and then I wondered how I would calculate them, and then I had the answer.  It has something in common with the way I cracked the probabilities of dice pools decades back (that’s in the book), but has more to do with card probabilities, as we examined in web log post #1:  Probabilities and Solitaire, than with dice.

So here’s the puzzle.

At some point I bought a set of four drinking cups in four distinct colors.  I think technically the colors were orange, green, cyan, and magenta, although we call the cyan one blue and the magenta one red, and for our purposes all that matters is that there are four colors, A, B, C, and D.  We liked them enough, and they were cheap enough, that on my next trip to that store I bought another identical set.  That means that there are two tumblers of each color.

I was washing dishes, and I realized that among those dishes were exactly four of these cups, one of each of the four colors.  I wondered immediately what the odds were, and rapidly determined how to calculate them.  I did not finish the calculation while I was washing dishes, for reasons that will become apparent, but thought I’d share the process here, to help other game masters estimate odds.  This is a problem in the probabilities of non-occurrence, that is, what are the odds of not drawing a pair.

The color of the first cup does not matter, because when you have none and you draw one, it is guaranteed not to match any previously drawn cup, because there aren’t any.  Thus there is a one hundred percent chance that the first cup will be one that you need and not one that you don’t want.  Whatever color it is, it is our color A.

In drawing the second cup, what you know is that there are now seven cups that you do not have, one of which will be a match.  That means there is one chance in seven of a match, six chances in seven of not matching.  This is where I stopped the math, because I hate sevenths.  I know that they create a six-digit repeating decimal that shifts its position–1/7th is 0.1̅4̅2̅8̅5̅7̅, and 2/7ths is 0.2̅8̅5̅7̅1̅4̅, and in each case the digits are in the same sequence, but I can never remember that sequence (I don’t use it frequently enough to matter, and I can look it up on the table in the back of the Multiverser book as I just did here, or plug it into a calculator to get it).  So the probability of the second cup matching the first–of drawing the other A–is 14.2̅8̅5̅7̅1̅4̅%, and the probability of not drawing a match is 85.7̅1̅4̅2̅8̅5̅%.

So with a roughly 86% chance we have two cups that do not match, colors A and B, and we are drawing the third from a pool of six cups, of which there are one A, one B, two Cs and two Ds.  That means there are two chances that our draw will match one of the two cups we already have, against four chances that we will get a new color.  There is thus a 33.3̅3̅% chance of a match, a 66.6̅6̅% chance that we will not get a match.

We thus have a roughly 67% chance of drawing color C, but that assumes that we have already drawn colors A and B.  We had a 100% chance of drawing color A, and an 86% chance of drawing color B.  That means our current probability of having three differently-colored cups is 67% of 86% of 100%, a simple multiplication problem which yields about 58%.  Odds slightly favor getting three different colors.

As we go for the fourth, though, our chances drop significantly.  There are now three colors to match, and five cups in the deck three of which match–three chances in five, or 60%, to match, which means two in five, or 40%, to get the fourth color.  That’s 40% of 67% of 86% of 100%, and that comes to, roughly, a 23% chance.  That’s closer to 3/13ths (according to my chart), but close enough to one chance in four, 25%.

A quicker way to do it in game, though, would be to assign each of the eight cups a number, and roll four eight-sided dice to see which four of the cups were drawn.  You don’t have to know the probabilities to do it that way, but if you had any matching rolls you would have to re-roll them (one of any pair), because it would not be possible to select the same cup twice.  In that sense, it would be easier to do it with eight cards, assigning each to a cup.

I should note that this math fails to address the more difficult questions–first, what are the odds that exactly four of the eight cups would be waiting to be washed, as opposed to three or five or some other number; second, how likely is it that someone has absconded with one of the cups of a particular color because he likes that color and is keeping it in his car or his room or elsewhere.  However, the first question is an assumption made in posing the problem, and the second question is presumably equally likely to apply to any one of the four color cups (even if I can’t imagine someone taking a liking to the orange one, someone in the house does like orange).  However, it should give you a bit of a better understanding on how to figure out the odds of something happening.

For what it’s worth, the probability of the cost of the purchase coming to an even dollar amount, assuming random values and numbers of items purchased, is one chance in one hundred.  That, of course, assumes that the sales tax scheme in the jurisdiction doesn’t skew the odds.

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#194: Slanting in Favor of Free Speech

This is mark Joseph “young” blog entry #194, on the subject of Slanting in Favor of Free Speech.

In January we looked at a trademark case that had much to do with freedom of speech and offensive language, in web log post #156:  A New Slant on Offensive Trademarks, in which Simon Shiao Tam named his all-Asian rock band “The Slants”, saying he wanted to use the normally derogatory word to reclaim some pride for his people.  The Patent and Trademark office, relying on the same law against offensive trademarks under which the Redskins sports franchise was stripped of its protection, refused the application, and it was ultimately appealed to the United States Supreme Court.  The Court has delivered its opinion in Matal v. Tam, 582 U.S. ___ (2017), and it has implications for freedom of expression.

The Slants performing April 16th at The Flying Dog Brewery, hosted by the 1st Amendment Society

On a related subject, freedom of speech was also behind Packingham v. North Carolina, 582 U.S. ___ (2017), which struck down a North Carolina law barring anyone on the state’s sex offenders list from accessing Internet social networking sites.  We’ll look at that after Tam.

There was really nothing at all surprising about the Tam opinion, unless it is that once again eight members of the court were in agreement.  Justice Alito wrote the majority opinion, joined by Chief Justice Roberts and Justices Thomas and Breyer.  Justice Kennedy wrote a concurring opinion, joined by Justices Ginsberg, Sotomayer, and Kagan, and Justice Thomas also wrote a concurring opinion.  All of them agreed on the essentials:  the so-called “disparagement clause” in U.S. trademark law which permits the denial of trademarks for anything that might be offensive to specific groups or persons is an unconstitutional infringement on free speech.

As Justice Alito puts it (slip opinion at 22), “Giving offense is a viewpoint,” then (slip opinion at 22-23) quoting from Street v. New York, 394 U.S. 576, 592 (1969), “…the public expression of ideas may not be prohibited merely because the ideas are themselves offensive to some of their hearers.”  Justice Holmes and Ray Bradbury would be pleased.

It’s good news, too, for the Redskins football franchise:  this was the rule that got them stripped of trademark protection, and so their ongoing legal battle is probably about to be rapidly resolved.  I don’t know if we’ll see a run on offensive trademarks in the near future–after all, as some in this discussion have observed, offending potential customers is not a good way to sell them your product.  On the other hand, the way is open for people to denigrate a lot of groups.  (The decision does not impact the prohibition against using the name of a living person without that person’s permission.)

So, how does the Packingham case fit?

In 2002 petitioner Packingham, then twenty-one years old, had sex with a thirteen-year-old girl, and pleaded guilty to “taking indecent liberties with a child”, a crime that qualifies under North Carolina law as “an offense against a minor” requiring registration as a sex offender.  The status can last three decades or longer.

In 2008, the state passed a law making it a felony for anyone registered as a sex offender in the state “to access a commercial social networking Web site where the sex offender knows that the site permits children to become members or to create or maintain personal Web pages.”

It strikes me that this is a second punishment.  That is, at the time Packingham was convicted and sentenced, and required to register, there was no law regarding the use of the Internet.  Six years later this restriction was added to his sentence, without so much as a hearing to determine whether it was necessary.  That, though, was not the issue before the court, although Justice Kennedy recognizes the problem in passing.  It is also not stated that Packingham was informed of the new restriction, but that was not before the court either.

In 2010, eight years after his conviction, Packingham expressed his thanks to Jesus for an event in his life, the dismissal of traffic ticket without a hearing, posting this excitement on Facebook.  A Durham police officer managed to connect the Facebook post to the dismissed ticket, and obtaining a search warrant established that Packingham had violated the law.  He was convicted, despite making a motion that the law was a violation of his First Amendment right to free speech.  There was no allegation that his Internet communications were in any way suspect or criminal other than that this law forbad him from making them at all.

The conviction flip-flopped its way through the state courts, overturned by the Court of Appeals of North Carolina, reinstated by the North Carolina Supreme Court, not without dissent.  The United States Supreme Court reversed the conviction and struck down the law.

Again we have an effectively unanimous judgement:  Justice Kennedy wrote the opinion of the court, joined by Justices Ginsberg, Breyer, Sotamayor, and Kagan, while Justice Alito wrote a concurring opinion joined by Chief Justice Roberts and Justice Thomas.  Justice Gorsuch did not participate in the decision, not having been present for oral arguments.

Justice Kennedy’s core point was that the Internet generally, and social media sites in particular, had become the new medium for many kinds of protected speech–obtaining news, expressing political opinions, communicating with others.  It had in essence become the public parks and town squares of old, the place where people gather to interact.  To refuse someone access to the Web would be to curtail their ability to communicate in the modern age.  That is clearly a limitation on freedom of speech, and as such must face scrutiny–the level of scrutiny in which there must be a demonstrable compelling government interest addressed in the least invasive way possible.  The protection of children from sexual predators is so strong a government interest that it might be possible to restrict the freedoms of potential recidivists, but the North Carolina law goes too far.

The concurring opinion agrees that the North Carolina law goes too far, but objects to the court’s identification of social networking sites as having the importance suggested.  Rather, Alito would suggest that it might be possible to prevent sex offenders from accessing many sites where predators might easily prey on children, but the definition of such sites would have to be refined–tellingly, Alito notes that Amazon, The Washington Post, and WebMD all qualify as “social networking sites” under the definition in the statute, and that perhaps the majority of web sites now do, as they provide ways for visitors to communicate with each other through comments on articles, and frequently to create a member profile.  (The other two requirements in the statute are that they provide some sort of revenue stream to their owners and do not exist primarily to facilitate sales between users (e.g., E-Bay, Craig’s List).)

In any case, it appears that the Supreme Court has decided that your Facebook, Twitter, and LinkedIn accounts (they are specifically mentioned) are important protected media for the exercise of your free speech.  That means something.

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#193: Yelling: An Introspection

This is mark Joseph “young” blog entry #193, on the subject of Yelling:  An Introspection.

You are yelling at me.

I do not know why you are yelling at me.  That is, I hear what you are saying, and know the subject of the diatribe–yet even that will be forgotten ere long.  You are in yelling mode, I in stress avoidance mode, and in stress avoidance mode I do not process what you say.  I do not even really think about why you are yelling.  Perhaps you have a headache, or a craving, or some other internal discomfort making you overly sensitive to small annoyances.  Perhaps someone or something else has brought you to the edge of your endurance, and you have to yell at someone, and whatever this is about has given you the needed excuse to make me that target.  That, too, becomes irrelevant, along with whatever it is that you are verbalizing, as my stress avoidance mode attempts to insulate me.

The insulation is of course imperfect.  I might not recall what you said, nor recognize what is prompting it, but I will be suffering the aftereffects of the assault, certainly for the next hour, maybe for the rest of the day, and in some sense it will remain with me for the rest of my life, an accumulated addition to the internal collection of negative feelings I have absorbed about myself, a subconscious recognition that you might at any moment unpredictably launch into a new tirade, attacking my self-esteem over some complaint of which I was unaware–stop tapping your fingers, don’t leave the bread out on the counter, rinse out the tub when you’ve finished your shower.  You will yell at me again; I am conditioned to anticipate it, and nervous in your presence because of it.  Hiroshima escalates from Nothing very quickly, and unavoidably, it seems.

You wonder why I am so withdrawn, so depressed, so distant; why I don’t share my feelings.  Part of that is in this:  I am afraid of you.  I am afraid that I will say something that upsets you, and you will react in a way that tells me I should not have said that.  Yet I know that it is not just whether I say the wrong thing; it is whether I do the wrong thing, or more threateningly fail to do the right thing.

I see others respond to yelling with yelling.  I remember doing that myself, once upon a time.  It has always proved unproductive, accelerating the inevitable escalation but in the process also intensifying it.  Yelling back does not make me feel better; it does not even really prevent me from feeling so bad, ultimately, and gives me one more reason for being depressed–and it makes you also subject to yelling, with effects that are likely similar to those I face.  There is no advantage, no benefit, in yelling back, but that it hurts you the way it hurts me.

I should ask you to stop yelling, but it won’t work.  You yell because you want to change your circumstance and see no way to do so but to change my actions; my actions are not entirely within your control, even if you yell, but you see no other way to influence them–I do not change easily, and it is doubtful that yelling will have any more effect than any other approach.  Someone has said that there is not a man alive who does not deserve to be nagged, and not a shred of evidence that it has ever done any good.  There is little evidence that yelling at me has any effect on me other than increasing my depression and shutting down my ability to accomplish anything.  Yet if it helps you feel better, I will tolerate the tirade to let you vent those frustrated feelings.  I will deal with my own depression as I always have.  I don’t exactly ever get over it, but I get past it and return to functioning.  So I live with the yelling.  Doesn’t everybody?

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#192: Updating the Bible’s Gender Language

This is mark Joseph “young” blog entry #192, on the subject of Updating the Bible’s Gender Language.

The Southern Baptist Convention, presently the largest Protestant denomination in the United States, created a bit of a stir when it announced that it would be working to update the gender language in the Bible.  Among those outside the church who post on article reaction forums, there were two general types of reactions, the one that it didn’t really matter what one did with texts that were written millennia ago by ignorant peasants and repeatedly altered since, the other that it made no sense to claim that something was a communication from God but that it could be revised by people.

The former group might be excused their ignorance in a field in which many ridiculous notions have been promulgated as if they were true, among them this notion that the writers of the Bible were all ignorant uneducated peasants.  That status was so rare among Biblical authors that the Prophet Amos makes a point of asserting it about himself, as a difference between him and all the other prophets.  As to the New Testament writers, they were generally educated members of the middle class–a tax assessor, a son of wealthy parents, a medical doctor, the owner of a business large enough that he was able to leave it in the hands of subordinates for several years and return to find it still profitable.  Indeed, Paul was a rabbinic scholar, trained by Rabban Gamaliel I, who is one of the scholars whose teaching is included in the Talmud.  They were not ignorant peasants.  As to the alleged alterations of the text, our scientific textual critics have established the original text of the New Testament to within ninety-nine-point-nine percent using sources dating into the first century; very few “intentional” changes were ever made, and those which were were obvious and easily restored.

However, the latter group has a point, which is based on a very subtle misunderstanding of exactly what the Bible is and how we regard the Bibles we read.

The problem is that the Bible is not written in English; it’s written largely in Hebrew, Greek, and Aramaic (which is a language closely related to Hebrew commonly spoken by Jews in the New Testament age).  When we read English translations of the Bible, we are reading the best renderings of those original texts which translators thought they could produce–but it means that decisions are made regarding the best way to represent the ideas in our language.  Dr. J. Edwin Orr spoke of a man telling a story through a translator.  The speaker said, “My friend was tickled to death.”  The confused native translator told the audience, “I do not understand this myself; his friend scratched himself until he died.”  Translations can be tricky.  And on the subject of gender, four things should be noted about Greek to English translation that will illustrate the overall problem.

The first is the use of the word anthropos.  It means “man”, and it is a masculine word.  (Gender of words is also one of these four things.)  However, there is another word for man, andros, and the words are different.  Anthropos means man in the general sense, the way we use the word “man” to refer to humanity.  In many contexts it would be better to render it “person”–but there are contexts in which it is obvious that the person or persons in question are men, that is, males.  In that sense, anthropos refers equally to men and women; andros refers to men only.  But we tend to render anthropos as “man” because we don’t usually use “human” that way, and because philosophers and theologians sometimes use the English word “person” in something of a technical sense that has nothing to do with whether you’re a human.

So it makes sense that we might want to revise our translations such that the word anthropos is not usually rendered “man” but something more generic like “person” or “human”, sometimes “humanity”.  That would be a revision of gender language that is attempting to produce a more accurate representation of the meaning of the original text.

There is another aspect particularly in Greek that creates great headaches for translators.  The word andros, “man”, has a counterpart, gune, “woman”.  The problem is that in common usage the words “husband” and “wife” were rarely used, the natives speaking of a couple as man and woman, with the sense of a man who belongs to a particular woman and a woman who belongs to a particular man.  Thus particularly in many places where we have the word gune, we are not certain whether it means “woman” or “wife”; it happens also sometimes with andros, but not as frequently.

We also have, as mentioned, the problem of the gender of words.  Anyone who has studied a Romance language (e.g., French, Spanish, Italian, Portuguese) knows that nouns in those languages have gender–they can be masculine, feminine, or neuter.  In Greek, the word anthropos is masculine, and thus adjectives and pronouns that are referential to that word must also be masculine, and we have the result that “man” is always “he”, even when it means “person” or indeed when it means “humanity”.  On the other hand, “church”, ekklesia, is feminine, and thus is always “she”.  In English, we tend to reserve masculine and feminine pronouns for people, and thus humanity and church are both “it” or sometimes “they”–although we make exceptions, sometimes personifying objects such as perhaps affectionately calling a boat or car “she”.  The problem sometimes arises that we are not certain whether a writer is referring to a woman or a feminine noun, a man or a masculine noun.  A masculine noun, such as soldier or guard, could be used of a female person, and in the Greek it would be proper for the pronoun to be masculine if its antecedent is the noun, feminine if it is the person.

Finally, there is the problem that Greek does not require the use of pronouns, and thus many statements lack any gender definition.  To understand this, perhaps an example left over in modern English from earlier forms might help.

In the present tense, “I say”, “you say”, “we say”, “they say”, but “he, she, or it says“.  If we see the form says, we know that it is third person singular.  We don’t really need the pronoun to know that, but we always use it.  In Greek, though, all verbs are conjugated for person and number, and because of this a Greek could have said, “says” and the hearer would extrapolate that some third person singular subject is the antecedent, the person or object who says.  That means that in many places where it says “he” does something or should or may or might do something, the “he” is an extrapolation of our Indo-european language, a word that we provide because we need a pronomial subject in English which is not present in the Greek.

This is a much more difficult issue to address, because it will not do to extrapolate in every instance where there is no subject “he, she, or it” says or does whatever the text indicates.  Nor will translating them to “she” or “it” make the text clearer.  Indeed, it is problematic, as there is very little way for the reader of an English translation to know whether that “he” is what the Greek says or what the translator extrapolated to make sense of the English.  Further, Greek is also an Indo-european language, and from Sanskrit to German to Portuguese it is the standard in such languages that where the gender of the subject is not determined by the gender of a noun, the feminine pronoun represents a female person, the neuter pronoun a non-person, and the masculine pronoun a person of either male or unspecified gender.  Thus even if the Greek says “he”, that does not necessarily mean that the author was excluding “she”.

Revising the gender language in the Bible is a challenging undertaking for these reasons and more.  It will not be done perfectly, and it certainly will not be done to everyone’s satisfaction.  Yet it is not as foolish a notion as it sounds.  In many places the specification of gender in the English translations is an artifact of translation, not a certain representation of what the original said.  Language and usage change over time; new translations are created to keep pace with the changes.  This may be one of them long overdue, but difficult to manage.

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#191: Versers Travel

This is mark Joseph “young” blog entry #191, on the subject of Versers Travel.

With permission of Valdron Inc I have begun publishing my third novel, For Better or Verse, in serialized form on the web (that link will take you to the table of contents).  If you missed the first two, you can find the table of contents for the first at Verse Three, Chapter One:  The First Multiverser Novel, and that for the second at Old Verses New.  There was also a series of web log posts looking at the writing process, the decisions and choices that delivered the final product; those posts are indexed along with the chapters in the tables of contents pages.  Now as the third is posted I am again offering a set of “behind the writings” insights.  This “behind the writings” look definitely contains spoilers because it sometimes talks about what I was planning to do later in the book–although it sometimes raises ideas that were never pursued.  You might want to read the referenced chapters before reading this look at them.  Links below (the section headings) will take you to the specific individual chapters being discussed, and there are (or will soon be) links on those pages to bring you back hopefully to the same point here.

There is also a section of the site, Multiverser Novel Support Pages, in which I have begun to place materials related to the novels beginning with character papers for the major characters, hopefully giving them at different stages as they move through the books.

These were the previous mark Joseph “young” web log posts covering this book:

  1. #157:  Versers Restart (which provided this kind of insight into the first eleven chapters);
  2. #164:  Versers Proceed (which covered chapters 12 through 22);
  3. #170:  Versers Explore (which covered chapters 23 through 33);
  4. #174:  Versers Achieve (chapters 34 through 44);
  5. #180:  Versers Focus (chapters 45 through 55);
  6. #183:  Verser Transitions (chapters 56 through 66);
  7. #186:  Worlds Change (chapters 67 through 77).

This picks up from there, with chapters 78 through 88.

History of the series, including the reason it started, the origins of character names and details, and many of the ideas, are in those earlier posts, and won’t be repeated here.

Chapter 78, Brown 78

I’d decided on retrieving the equipment.  Recognizing that it had been so long, I had to think of the condition of the things he retrieved.  What mattered was the poison; but the other things had to be operational for future use as well.
Having the quills be in elf territory was an abrupt inspiration.  I hadn’t even decided what would become of that, whether they would be friendly or even helpful, or antagonistic.  I did know that Derek would have reason to be afraid of them, and that was a good place to start.


Chapter 79, Hastings 119

As I was writing this, I kept wondering why I had sent Lauren this direction.  Most of it was just trying to get her to Cowtown along the route I’d prescribed, but I wasn’t sure what else.

The teacher weekend in Atlantic City is a real annual event.  It had meant a four-day weekend when I was in grade school, and the same for my sons, and I heard mention of it again within the last couple years from someone who was preparing to be a teacher.


Chapter 80, Slade 75

I had decided some time before that the murdered princess was daughter of King Morgan; I wanted to stall the trial, and introducing a son enabled me to bring out the relationship and hint at the importance of the now-gone book.  I needed a change of subject, and I needed it fast, and thought that fencing would be just the sort of thing Slade would suggest; and remembering the idea that princes, particularly of the highest sort, seldom have the opportunity to face an opponent who doesn’t yield, I decided Ruard would look for this.

The name Ruard was an example of one of those stuck for a name techniques I’ve learned, this one from E. R. Jones:  mangle a word into something useful.  My Blockbuster® Rewards card was on my desk as I scanned for something from which I could make a name, and it reminded me of the Stuarts of England and the Stewards of Lord of the Rings.  I was trying to get something that sounded like Steward but started with R, and knew that I had to change the spelling drastically to escape being seen as Reward.  Thus Ruard came about.

My thoughts on the duel at this point were that Ruard would be an extremely capable swordsman, but that Slade would best him, narrowly.  Ruard thinks Slade a very young nobleman, and will be impressed with the skill of someone so young; Slade of course combines the vigor of a youthful body with the experience of years, a potent combination.

The “very wise comedian” who said that “everything in life is timing and delivery” is actually my brother Roy; I do not know if he got it from someone else, and although I have gotten many quips from him he would not actually claim to be a comedian (although some of his professors and perhaps some of his co-workers might).


Chapter 81, Brown 79

Oddly, I thought about this on and off for several days with little progress.  I talked about it with a couple of people, none of whom gave me anything useful.  Then I remembered that Derek couldn’t hover, and so couldn’t stay still; and before I put that to paper, I realized that the elves would not speak the language of men, at least to each other.  This gave me the starting point.  Much of the rest came together as I wrote.  I needed a reason he didn’t escape; the weight of the darts gave me that.  As I was trying to figure out how he could watch them all, I remembered his clairvoyant back protection.  The telepathy suddenly commended itself as the easy way to get past the language barrier.  As to what the elves knew of sprites, I was faced with the complication that most readers will assume elves to be at least incredibly long lived if not immortal.  For them to have forgotten that sprites ever existed would seem unlikely.  I tried to compensate for this by assuming a young group of elves, and suggesting that whatever stories they knew seemed to them as fairy tales.

I’d been toying with the idea that the elves would teach Derek how to make the sleep drug.  At this moment, I had little other idea.  There was a thought of him contacting a human college and trying to use their equipment, but any way I approached that it “snapped my disbelief suspenders”, so I abandoned it.  Getting the formula from the elves would move the story forward quite nicely.


Chapter 82, Hastings 120

I found my reason for sending Lauren this direction in showing her a woman who might have been her.  The rest was part of setting the stage of this world, and exploring who Lauren was here.

Cowtown is a real farmers market and rodeo just outside Woodstown, New Jersey; it has been extrapolated into the future, but has been where it is for a very long time already.


Chapter 83, Slade 76

The ideas for this chapter came from each other in sequence, really.  It started with the idea that Slade would be late for lunch if he spent the morning with Shella.  This suggested that the prince would also be late, detained by other things.  Then, if the prince was detained, Slade would be waiting for him in the courtyard.  Here he might have the chance to fight someone else, and Rapheus was certainly available.  I pondered whether Ruard was as good as suggested, and decided that he was, so after Slade quickly outfought the skilled Rapheus, I needed a much longer battle for Ruard.  In this, I realized that a man who expects to win and won’t allow himself to lose will probably raise the stakes to try to overpower his opponent–the rules start to become fuzzy when the stakes get high.  This led to my desire to have Slade fake the loss.

While I was writing it, I started considering how Slade was going to get out of this world.  I decided that the King would be back for dinner.  I toyed with and discarded the notion that Ruard would come for a rematch after the trial.  Somewhere in the back of my mind, I knew that if King Morgan knew, conclusively, that Acquivar killed his daughter, he would act on the matter. It occurred to me now that this meant war, and Slade would certainly lend his sword to such a battle.  I would have to figure out how to make it work, as we would have to have a clear victory and a death, and not repeat previous battle scenes; but I would get there eventually.


Chapter 84, Brown 80

I pondered for several days what to do about the elves.  I didn’t feel like I could leave them without more said, but I didn’t really have more to say and they weren’t the focus of the story.  I gave serious consideration to leaping Derek home and then flashing back to moments with the elves, but I knew readers would want to know more about the elves.

The break really came when I suddenly asked where the elves lived, that is, if Derek went home with them, what sort of home would that be?  Tolkien’s elves lived some in tunnels (at least, that’s where I think the dwarfs were imprisoned in The Hobbit), some in wonderful houses (Elrond’s Last Homely House), and some in flets (the tree platforms of Lothlorien).  I didn’t want to copy anything; but I wanted some reason why they lived in woods.  I also was faced with the fact that they had never moved into the woods of the sprites, a mere few days’ journey, which I had not explained.  The idea of a special species of tree that provided a hollow interior large enough for an elf home solved much of this.  The tree name, Seiorna, came primarily from Sequoia, as I thought people might better believe such a huge tree if it had a similar name to one they knew.  The elves didn’t carve the interiors, but encouraged the growth to go in particular ways, so that the internal bracing structures of the trees would serve as steps and floors.  It also occurred to me that elves would select such trees to be their homes when they were young, and after hundreds of years would be able to move in to them; this would also mean they did not move to other homes during their lifetimes.

The name Thalaoniri was a very abrupt invention.  I thought he should have a name, and kicked about for something, thinking of Talon and Thalon at about the same instant, and thinking that Talon would have to be modified into something less like a word.  I started to type Thalon, but while typing changed it to Thalaon, and kept going to add the iri on the end so that it would have the same multi-syllabic feel of the other name I’d created.

I decided to push forward through the dinner because I wanted to move Derek’s story closer to the end so he could move to the next world, establish the size change ability he was going to acquire, and connect with Lauren.  I knew that Slade still had a war to fight.  I also knew at this point that this book was going to have fewer worlds than any so far–each of them would be in two, with perhaps one of them seeing the first world for their next book, none of which had yet been chosen.  The discussions at dinner were mostly to satisfy the reader that I had some idea about the world of the elves without developing it too far.

It was during this week that I read Eric Ashley’s first Multiverser work.  He tears through worlds as if they didn’t matter.  I wanted to be sure that everything I included in the book seemed to matter to the people involved, even if most of it was peripheral to the story.


Chapter 85, Hastings 121

I’d had the idea about Bethany using a lawn ornament for a staff sometime last year, when I saw one in Wal-Mart that appealed to me.

The idea that Bethany would shop at Cowtown because of the ability to barter there made good sense.

I thought quite a bit about where Bethany’s home would be and what it would be like.  At one point I imagined a transparent plastic tarp in the woods, so that sun could get in but rain couldn’t.  I considered several places in the central and western U.S. to put her, and gave a passing thought to Africa.  In the end, I decided to return her to her roots.  I needed an explanation for why that was still not enclosed, and found it in the environmental movement.


Chapter 86, Slade 77

The legal procedure questions were partly for my benefit, so I could set up in my own mind what was going to happen the next day and make it seem reasonable that Slade knew how to act in a foreign court.  These led quite unexpectedly into the material about loyalty, which itself would set up my expected direction.  I’m thinking that the discovery of the book in which Acquivar reveals his treachery is going to lead to war, and that Slade will go with them.  I’ve already thought of the words, “As far as I’m concerned, I’ve finished what I came to do–and this is the best offer I’m likely to get for what to do next, so count me in.”  He’ll die in that battle, probably in confrontation with Acquivar, but almost certainly due to someone else’s treachery (not Acquivar’s skill).  Still, I’m not yet certain how to make the three character threads come together.  Part of me wants Derek to go first; in fact, part of me still wants to squeeze in another world for Derek, to establish the middle form and the shape changing, before he gets to the vampire world, and still have him get to Lauren first.  But I think she has to start fighting vampires in earnest before anyone else arrives.

I’d thought of having Shella ask him what all that was about, but dropped it partly for story flow and partly because I thought it would give away too much at which I was thus far only hinting.


Chapter 87, Brown 81

The encounter with the human was tossed in so that it wouldn’t feel like he walked home overnight.

It seemed obvious that Derek was going to have to talk about where he went, but that the reader already knew all this.  The difference between the eager interest of his little brother and the concerns of his parents seemed both quite likely and good story in which to review the events.


Chapter 88, Hastings 122

It was actually when I got here and was doing breakfast that I got the idea for the changing rooms.  I determined to back-write it into their arrival at the cave the night before.

The room is a copy of one at Gordon College.  The previous owner of the property had been building a baronial mansion on the grounds before he sold the property to the college, and I had a couple of classes in the dining room before it was converted to office space (a tragedy, I thought, as it was a beautiful room).

The paradox discussion is kept simple.  I do a lot of time travel writing, and thought that someone who had read any of that would be wondering about those things.  The solution here was simple, but one that would work in most games.

The discussion of how Bethany is about the creative touches actually tells much about Lauren I had not recognized.  Again, it is probably because she’s more like me.  I would like to do more with Bethany; alas, my wife hates her, as she’s so much the silly schoolgirl (Bethany, not my wife).


This has been the eighth behind the writings look at For Better or Verse.  Assuming that there is interest, I will continue preparing and posting them every eleven chapters, that is, every three weeks.

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#190: Praise for a Ginsberg Equal Protection Opinion

This is mark Joseph “young” blog entry #190, on the subject of Praise for a Ginsberg Equal Protection Opinion.

To read the conservative press, you would think that Justice Ruth Bader Ginsberg, in writing the majority opinion in Sessions v. Morales-Santana 582 U.S. ____ (2017), had turned her back on women’s rights and struck a blow for men.  Yet even from that reporting I could see that Ginsberg was simply staying true to her principles of equal protection (we had discussed her commitment to this previously in web log post #63:  Equal Protection When Boy Meets Girl).  Still, from the sound of it, I thought she ought to be commended for this consistency even when it seemed to go against her more feminist views.

However, unwilling to write about a court opinion I had not read, I took the time to find it and read it (link above to the official PDF), and found that it was a considerably less impressive story even than I had supposed.

I should perhaps have been tipped off by the fact that the decision was effectively unanimous–seven of nine Justices joining in the majority opinion, Justice Thomas writing a concurring opinion in which he agreed with the result but thought the equal protection language went further than necessary to reach it, and the new Justice Gorsuch not having heard oral arguments not participating in the decision.  The court did not consider it controversial.  They did, however, overturn part of the decision of the Second Circuit Federal Court of Appeals, so apparently there was a difficult issue in the matter.

It is also of some interest to us because although couched as an immigration case it ultimately proves to be a citizenship case, and we have addressed the statutes and cases involved in whether or not someone is a natural born citizen in connection with The Birther Issue when it was raised concerning President Obama, and more recently in web log post #41:  Ted Cruz and the Birther Issue.  The terms under which someone is, or is not, born an American citizen are sometimes confusing.  That was what was at issue here.

Morales-Santana was arrested in New York on a number of relatively minor charges, and the Immigration and Naturalization Service decided to deport him to the Dominican Republic, claiming that he was not a United States citizen.  That was where the story started to get interesting.  It seems that the Respondent’s father, José Morales, was an American citizen, having been born in Puerto Rico, and having lived there for almost nineteen years.  Twenty days before his nineteenth birthday he moved to the Dominican Republic to accept a job offer, and soon moved in with a native Dominican woman.  She gave birth to the Respondent, and the father immediately acknowledged paternity and shortly thereafter married the woman, making the child a member of his household.  Everyone assumed the child was an American citizen like his father.

However, the statute defining whether an unwed U.S. citizen father confers citizenship on his out-of-wedlock child specified, among other things, that the father had to have lived in the United States or its Territories or Possessions (Puerto Rico qualifies) for at least five years after reaching the age of fourteen.  José Morales, having left Puerto Rico less than a month before his nineteenth birthday, fell short of that requirement by twenty days.  Therefore he himself was a citizen, but his child, born abroad out of wedlock to a non-citizen mother, was not.

Morales-Santana, however, recognized a flaw in the law.  Had the situation been reversed–had his mother been an American citizen who bore a child out of wedlock with a non-citizen father–the statute only required that such a mother have been in residence for one year following her fourteenth birthday.  That meant, Morales-Santana argued, that women were being given a right that was being denied to men, in violation of the Equal Protection rights as understood by the United States Supreme Court.

The Second Circuit Court agreed, and decided that the citizenship conferred on children of unwed mothers ought equally to be conferred on those of unwed fathers, and stated that Morales-Santana could not be deported because he was, in fact, a United States citizen.

The government appealed, resulting in this decision.

What Ginsberg tells us is that the anomaly in the statute is the exception for unwed mothers.  The five year rule applies in all other related cases–not only unwed fathers, but married couples in which either spouse is an American citizen and the other is not.  If the Court were to rule that the unwed mother status applied equally to unwed fathers, it would have to rule that the same status applied in all these cases–but the legislature clearly intended that the five year rule would be the norm, and the one year rule a special exception for pregnant unmarried girls.  They would essentially be discarding the entire statute in favor of the exception.  Instead, they ruled that the one year exception was unconstitutional–a ruling whose only effect on the Respondent was that he could not claim citizenship through his father based on the inequity of a rule covering mothers but not fathers.

So Ginsberg certainly did strip some women of a statutory right, but she deserves to be credited for doing so consistently with her express view of equal protection.  Asserting that men and women should be treated the same does mean that sometimes women will be treated worse than they otherwise might have been.  This is one of those cases; it otherwise is not that important.

As a footnote, the court notes at one point that the statute asserts that a child born out of wedlock whose father acknowledges him and takes responsibility for his care will be regarded a citizen from the moment of his birth.  That is relevant to our discussion of what it means to be a natural-born citizen.

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#189: An AnimeNEXT 2017 Experience

This is mark Joseph “young” blog entry #189, on the subject of An AnimeNEXT 2017 Experience.

This should be prefaced with the admission that I was quite trepidatious about attending the AnimeNEXT convention as a “guest” this year, for reasons that have nothing whatsoever to do with the convention itself.  To provide a brief background, I was invited to attend AnimeNEXT in 2014, when it was still in Somerset, New Jersey, at the now defunct Garden State Exhibit Center (it is now in the Atlantic City Convention Center), and I accepted and went and had a good time, running Multiverser for quite a few people most of whom had no experience with it, and seeing a couple of people I knew from Ubercon (a convention which I attended as guest for all but the first).  I was invited to return, and planned to do so despite the fact that it falls on the weekend of my birthday.

One week before the 2015 convention we lost our electric, and were without it up to the Friday the convention was to start–leaving me with refrigerators and freezers filled with garbage that had to be cleaned and taken to the dump on Saturday.  I did not make it to the convention, regretably.  Then in 2016, the night I was supposed to be driving to the con I was instead driven to the emergency room, where I was admitted to emergency surgery and kept in house for a week.  I joked that for my birthday I was given a hernioraphy and bowel resection, gifts I would use for many years to come.  (The joke was on me, because in March I was back to have the hernia repair repaired, and I’m not entirely certain that the repair is holding.)

Thus with the 2017 convention looming I was superstitiously worried about what sort of disaster would befall us preventing my attendance yet again.  Mercifully none did, but I was still on edge as on the Thursday night on which I was supposed to check into the hotel the person who was to drive me got sick.  I was as much concerned that I would get there as that I would not, not having run any live Multiverser games since the previous con and not having run any online since Gaming Outpost crashed, and hoping that the materials still packed in the box of books and papers from the last time were going to include everything I needed this time, without ever having a moment of preparation time to check them.  Fortuitously everything on that count worked.  I arrived Friday, too late for breakfast but in time for lunch.

I was immediately in the game room, and soon entertaining players.  Regan and Kaseeb (I hope I got those spellings right) dove right into my Tropical Island setting–the one all convention players know because I start everyone there and then blow the volcano and kill them all (that is, their characters) so I can scatter them to other worlds in the multiverse.  Both players saved me that trouble.  When Michael di Vars was explaining what had happened to them, and that whenever they were killed they would awaken in another universe, Kaseeb called him “crazy”, which as a clear expression of disbelief demands proof, and the proof is that di Vars shoots him with a gun big enough to be instantly fatal.  Regan thereafter was not so skeptical, but chose to explore a cave into which a stream poured and from which steam arose, and when he fell on the slick wet polished volcanic glass streambed he decided to attempt to crawl deeper into the cave, resulting in an abrupt slide into the boiling pool at the bottom.

Both players returned on Saturday, and I’m not certain exactly where the break was in their games.  Kaseeb landed on the bridge of the Starship Destiny, where after being beligerent and getting locked in the brig, he became cooperative, started requesting equipment he recognized would be valuable in the long term (such as a water purification system), and made himself part of the crew.  He went on a raid of a Federation listening post under construction, but got killed by security when things went wrong.  I’m afraid he tended to roll particularly bad general effects rolls, so when he needed things to go well for him the dice said they went badly.  He awoke in a forest, but I’m not going to say more about that in case he does contact me to continue play, other than to record for my own sake that he is in the same world in which Derek Jacob Brown started in the fourth novel–so those who follow the novels will probably know what world that is in a few months, if all goes well.

Meanwhile, Regan landed in Ruritania’s royal game preserve, where he was discovered by Colonel Sapt and Fritz Tarlenheim–Prisoner of Zenda, where he was as near the exact duplicate of King Rudolf as one could ask.  He pulled the rug out from under me, though–when in the morning the king had been drugged or poisoned and could not be awakened, Regan tapped his medical and herbalism background to purge the drug and revive the victim.  The king thus made it to the coronation, very sickly but adequately, and Regan was smuggled into the royal suite in the Castle at Strelsau after dark, to attend to the continued treatment of the problem.

I also started a game for Glen on Saturday afternoon.  Oddly, all three of us working in the game room–Ahmetia, Kevin, and I–felt ill after lunch.  I excused myself for a while when Regan and Kaseeb had left, but when I returned Glenn had also departed.  He did stay on the island until it exploded, although he was trying to build a raft to escape it when it happened.  He drowned, but I was still trying to decide where he would awaken when I took my break.

I had no players on Sunday, but sat in on half a game of something called Fiasco that Kevin was running–an excellent story-driven game that I would probably recommend but that at just about the halfway point two of our players had to leave and the game could not be continued once players had left the table, so I don’t really know how it plays out to the end.

Outside the RPG room, I made one run to the dealer and artist showcase room–combined in one large area with little distinction between the two.  It was larger than I could even bring myself to run through, but apart from the rather pricey and common dice (all the standard polyhedrals, but no d30s and nothing unusual like the tiny dice or the d24 I got at the last Ubercon) I saw nothing that interested me much.  That’s not really the fault of the con–it’s that I’m not the best target audience for it.  Kevin is an expert on the paranormal, frequent lecturer on the subject, but his expertise is focused on Western phenomena.  At AnimeNEXT panels address either anime or Japan, and outside our game rooms nearly everything at the convention is about one or both of those subjects.  As Chaplain of the Christian Gamers Guild I have several years attempted to connect with someone about hosting a non-denominational Christian worship service on Sunday morning, but have never been able to figure out who that would be, and suspect it is partly because Christian worship services are not really thought to fit into their overall program.  There is also an extremely high level of cosplay here.  The few other cons I’ve attended were mostly people in plain clothes with occasional costumed characters.  Here the plainclothes attendees are more the exception, and many of the cosplayers look like cartoon characters peeled from the celuloid.  I am very impressed by their skills in this regard, and they clearly impress each other–it is typical to find a crowd of photographers surrounding a well-costumed individual.  I even saw someone I thought would make an excellent image for my Lauren Hastings character, but she was down the escalator before I could react, and I was rushing late to dinner, and I never saw her again.

I have a couple times mentioned food, and I reluctantly have to say it was disappointing.  I say I am a guest of the convention, but I’m technically listed as staff in the tabletop games section.  I don’t attend staff meetings because they’re generally held (seems like every week) more than two hours away from where I live, and although in theory one can attend via online video conferencing I have no microphone or camera on my computer.  I consider myself more a special guest, like the professional wrestlers they had performing some exhibition on Saturday afternoon.  As “staff” I get free room and meals.

It is difficult to assess the Sheraton.  Upon my arrival, there was a freak incident in which the bellhop, who was apparently required to bring my luggage to my room, spilled my coffee on the rug and promised to get housekeeping to clean it.  I never saw housekeeping, and the stain remained through our entire stay, but it was mocha so it probably stains pretty well.  A moment later I noticed that the drain cock on the bathroom sink did not open.  He promised he would have maintenance fix that as well, and it was fixed by the time I returned to the room that evening.  However, at six in the morning when one of my roommates, Paul, tried to take a shower, the tub drain was clogged.  He called the desk, and we had someone there by six thirty waking the rest of us but getting the drain cleared.  Obviously there are going to be such problems, and the response was swift, but it is passing strange that we had two bad drains in the same room.  It causes me to wonder about the plumbing and other maintenance of other rooms in the hotel, but it might be simply that we had a bad general effects roll.

I hate to say that the meals were a disappointment.  Three years ago the food was wonderful, breakfast and dinner buffets worth good money.  This year, breakfast was continental, and while the donuts, bagels, loaf cakes, and other basic bread products were good quality, and the coffee excellent, I had been eagerly anticipating eggs and meat and hot cereal.  Friday’s dinner included one entree, chicken parmesan, which was passable.  I was ill Saturday and lay down over dinner time, but others at the convention described the meal of pizza and pasta salads rather derisively.  Lunch all three days was hoagies and wraps, and I was fairly happy with the roast beef on Friday and the tuna on Sunday, but on Saturday I forced myself to eat half an Italian hoagie and half a roast chicken sandwich with the roasted peppers pulled off (I do not do well with spicy foods), and probably made myself ill trying to eat it.  (Kevin and Ahmetia ultimately decided that their infirmity arose from lack of sleep, having stayed up too late Friday night and arisen too early Saturday morning.)  Of course, it was food, and it was free.  The cookies were good, the homemade potato chips got mixed reviews.  Coffee, tea, and orange juice were available with breakfast, but lunches and dinners were served with Nestle’s Pure Life bottled water in tiny bottles (eight ounces each).  The coffee was swept away very quickly at the end of breakfast, but Kat and I were able to prevail upon the polite and helpful catering staff to provide us with cups to go from the kitchen mid-morning Saturday.

I approach the food issue with mixed feelings.  I am reminded of a Mad Magazine mock of a movie entitled Marooned (which perhaps presciently told the story of three astronauts stranded in space before the Apollo 13 fiasco), in which at one point Ground Control replies to the stranded astronauts, “Hey, we had to cut the budget somewhere–we couldn’t have wall-to-wall carpet and a back-up life support system.”  There are a lot of expenses involved in running a convention, and the people at the top want to see it turn enough of a profit that they have money ready to do it again the next year.  I think it unfortunate that some of my fondest memories of 2014 were about the food, which was the basis of my worst memories of 2017.  On the other hand, I had money in my pocket and there were places to eat in the neighborhood, so the fact that I did not eat well proves ultimately to be my own fault.

Ahmetia is already expecting me to return next year, so although I have not been formally invited I’m guessing at this point that’s a formality.  Hopefully this year will go well enough that I will be in better shape in every way in twelve months, so I’ll start planning for that.  I understand that there were about two thousand people (give or take a couple hundred) through the gates, and that there were some there that I know who never came by to see me, but there were some who remembered me from three years ago who know me from nowhere else, and that was an encouragement.  So perhaps I will see you there in 2018.

I also promised Regan and Kaseeb, and maybe Glen, that if they contacted me I would find a way to continue their games online.  I am contemplating adding a forum to this site for that purpose, but have not yet heard from any of them–although I expect that if I decide to do this, I will be innundated with players from previous games wanting to continue online, who are probably already thinking that I should do this.  I am considering it.  No decision has been reached at this point.