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Sarajevo haggadah

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Ben Heine

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ceramic bowl

Mohammad Said Kalash, "Offering Reconciliation" exhibit (photo: Ilan Amihai)

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Punch and Judy/Pinchas and Jamila

Avi Katz

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David Grossman

Ben Heine

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Eldrige Street shul

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Dove

Ben Heine

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Two birds

Hoda Jamal

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Israeli and Palestinian boys

from documentary, Promises

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Cat in the Hat

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Daylight through the Wall

Banksy: graffiti art on Separation Wall

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Maurice Sendak's Brundibar set

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Daniel Barenboim, West-Eastern Divan Orchestra

Palestinian-Israeli musical ensemble (photo: Kerstin Joensson/AP)

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Great Day on Eldrige Street

N.Y.'s klezmer greats celebrate shul rededication (photo: Leo Sorel)

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Joint Appeal for Peace

(Avi Katz)

Joint Appeal for Peace

Ketubah, Ancona, Italy (1772)

(Jewish Theological Seminary library)

Ancona ketubah

Posts Tagged ‘blogs’

‘Lashon Hara’ and Jewish Blogging

Thursday, November 13th, 2008

Periodically, after I write something disparaging about a right-wing Jewish blogger or political figure, one of their readers or supporters invariably accuses me of lashon hara, speaking ill of others.  Almost always, the claim is so transparently used for political purpose that it’s hardly worth rebutting. It’s interesting that these kvetchers seem to complain when they believe I’ve gored their ox, but when their ox (blogger) gores another, then the lesson of lashon hara is lost on them.

Recently, after Rahm Emanuel’s father made an anti-Arab racist statement in which he noted his son would ensure the White House was pro-Israel, and that the latter wasn’t an Arab, which of course meant he wasn’t going to the White House to sweep the floors.

An Orthodox Jewish reader, who says he was an Obama supporter and a member of the “religious left,” took me to task claiming that my ‘inflammatory’ commentary on Emanuel’s statement was lashon hara. The difference here was that this reader claimed to be a supporter of Obama and a Democrat.

Here are a few of his claims:

What you are writing is clearly loshen hora. Please do us all a favor and remember that Hillel said that the whole of the law can be summarized as “What is hateful unto you, do not unto others”.

…You have yet to realize that what the elder Emanuel said was no way “racist”, but simply a very understandable idiomatic way of pointing out that his son was not going to subvert Israeli security.

…My understanding of “loshen hora” is [that it is]…any comment about another’s actions that can create, or contribute to, an atmosphere of baseless hatred.

…My understanding was that Emanuel’s comment…was intended to convey that his son was not an “Arab” in the sense that Arabs are known to support the detriment of Israel as a state.

…I am not criticising you for reporting the matter. I am criticising you for adding your own inflammatory editorial comment which I fear only increases the tension and defeats your efforts for Tikkun Olam. And while I do not in any way condone Emanuel sr.’s comments if they were indeed racist, I cannot condone your indignation, as righteous as you may believe it to be…

I went back to find out what was so “inflammatory” about my comment.  Here is Emanuel’s original statement and my commentary:

Dr. Benjamin Emanuel said he was convinced that his son’s appointment would be good for Israel. “Obviously he will influence the president to be pro-Israel,” he was quoted as saying. “Why wouldn’t he be? What is he, an Arab? He’s not going to clean the floors of the White House.”

Seems to me, in this odd and gratuitous non-sequitur, the dad is inadvertently sabotaging his son’s prospects; not to mention how the Arab world is going to react to a statement like that which is probably already featured prominently at Al-Jazeera.  I realize Rahm Emanuel’s father doesn’t speak for his son.  After all, I have more progressive politics than either of my parents.  But still, this kind of jingoism and racism is absolutely unacceptable and inexcusable even in one’s father.

If I understand Eben’s claim, I have created ‘baseless hatred’ of Emanuel, Sr. by calling his statement “jingoism and racism” and “unacceptable and inexcusable.”  In other words, I can publicize Emanuel’s comment but I cannot call him a “racist” because this would provoke hatred of a fellow Jew.  Eben further takes me to task for lacking compassion for Emanuel and other targets of this blog.  It seems I’m at fault for also being “slow to forgive,” when I’m not aware that any of my targets have ever asked for forgiveness or done teshuva for their words or beliefs.

He also adds this criticism:

…You should try to understand how counterproductive your willingness to indulge in lashon hara and intemperate, ill tempered attacks is in our struggle to bring the greater Jewish community together again as a force for human decency and egalitarianism, as it was before 1967.

Personally, I think Eben’s claim that my remarks were “intemperate” or “ill-tempered” is unfounded.  He clearly has little experience with most political blogs where my language would be considered quite temperate.  Besides, I’m not aware that the Jewish right shares Eben’s taste for “human decency and egalitarianism” in their rather savage attacks on their Jewish targets.  And even if I concede that my own language or style shouldn’t be dictated by my opponents, why should our goal for Jewish political discourse be all dulcet tones and sweetness and light?  Politics is a hard game.  It should always be a human game and acknowledge the human dimension.  It should never be so harsh as to forget this.  But I simply don’t believe that politics or political blogging involves the lion lying down with the lamb and a little boy leading them.

The world is a harsh place.  The struggle to make it better can also sometimes be a harsh one.  Of course, one should always strive to be as humane as possible given the circumstances.  But tone is very much a product of context.  I reply to opponents in the context of their own approach to me.  Respect (though it might be mixed with criticism) is met with respect.  Derision is met with same.

I think Eben has a fundamental misunderstanding of what a political blog is.  I am the first to admit that my rhetoric is strong and at times sharp, especially when I face an argument or opponent who lies or deliberately distorts either the facts or my own record.  Would it be better to always be kind and gracious even to one’s opponents?  Perhaps.  In fact, I admire bloggers like Phil Weiss who never seem to raise their “voice” even when people shower him with abuse.  But the beauty of blogging (and Judaism) is that there is no formula for doing it.  The motto is “let a thousand flowers bloom.”  Phil is great at some things which I can admire and I’m probably good at other things and he can admire that (I hope).

But let’s examine Eben’s claim about whether speaking out forcefully against the views of a fellow Jew IS indeed lashon hara.  To introduce the discussion here is what Wikipedia has to say about the subject:

Lashon hara is the prohibition in Jewish Law of telling gossip – negative disparaging but truthful remarks about a person or party who is not present…

The main prohibition against lashon hara is derived from Leviticus 19:16: “Thou shalt not go up and down as a talebearer among thy people; neither shalt thou stand idly by the blood of thy neighbour: I am the LORD”…

There are times when a person is obligated to speak out, even though the information is disparaging. Specifically, if a person’s intent in sharing the negative information is for a to’elet, a positive, constructive, and beneficial purpose, the prohibition against lashon hara does not apply…

I don’t for a minute believe that my criticism of the political views of right-wing Jews constitutes lashon hara.  But even if it did, the closing paragraph above certainly characterizes the intent of this blog.  The problem of course for my critics is that they do not accept that there is a “beneficial purpose” to criticizing Israeli policy or those who support it.  This proves once again, as I wrote above, that lashon hara is very much in the eyes of the beholder.

The last word here goes to an Orthodox Jewish blogging friend of mine who holds forth on his view of the matter:

…Lashon hara…does not apply to matters of public record or public knowledge. But in this case, not only is what Emanuel said a matter of public knowledge, but many Orthodox Jews would agree with it. Ditto with the racism charge. I once called an Orthodox Jew a “racist,” and he said, “Nu?”

It is a mitzvah to rebuke Jews, and it is a moral obligation to wash dirty linen in public, if you can help clean it thereby. There may be times when it is more effective to proceed quietly. But to squelch criticism of Jewish offenders would be to increase their number

And another Israeli Orthodox blogger (and reader of this blog) writes similarly:

…The laws of Lashon Hara apply to social behavior, what we would consider to be in the realm of “privacy rights,” not public policy matters. To argue against you on the basis of Lashon Hara is a major mischaracterization of this concept, and itself can be classified as falsely accusing someone of a transgression, and is probably in and of itself very problematic halachically (i.e. malbin pney chaveiro – an unwarranted and wholly unjustified insult). Having said that, if the case were that you made up facts against our friend Rahm then, yes, it would be halachically inappropriate, but to the best of my knowledge (and this goes to all your posts) your quotes and facts are rock-solid, and you fact-check your arguments very thoroughly.

So for any readers of this blog who oppose my views and intend to wield the “lashon hara” club against me, this post will be my resource and touchstone.  Come to terms with it before you make the charge.

Al-Arian Prosecutor Islamophobic, Provokes Blog Censorship

Saturday, August 9th, 2008

Several interesting developments in the federal contempt case against Sami Al-Arian.  The judge postponed the case until the Supreme Court hears his appeal of a ruling compelling him to testify in a federal grand jury proceeding.  Al-Arian complains the testimony demanded of him exceeds the terms of the plea bargain he reached with the government in a previous case.  The judge was troubled by an overzealous prosecution which she claims should be willing to wait for the Supreme Court verdict before filing new charges against the defendant.

One of my readers, Miriam, sent me an e-mail from Al Arian’s lawyer, Georgetown professor Jonathan Turley, which notes that the latter felt compelled to remove all material in his blog referencing the case due to a complaint by the prosecutor:

We have just returned from court…During the hearing, the prosecution objected to this blog and specifically the comments left by visitors to the site…While attorney blogs are allowed under local and federal rules to give updates on filings, we have decided to remove the Al-Arian entries to avoid this issue from being cited in the future as a distraction from the important issues in the case.

While I certainly understand Turley’s reason for removing material from his blog that might prejudice his client’s attempts to defend himself, I am deeply troubled that a federal prosecutor would raise the issue in court without considering the free speech issues that are involved.  This is what I’d call a priori self-censorship–an attempt to wipe the slate clean of speech that might conceivably damage a client’s right to a fair trial.  The fact that an attorney would feel he needed to do such a thing offends my sense of free speech.

Apparently, Turley’s blog attracted anti-Semitic commenters who left disparaging comments about Jews (the prosecutor appears to be Jewish though I haven’t confirmed this).  Miriam tells me that Steve Emerson, the intrepid jihad hunter and the Simon Wiesenthal of the anti-jihadi set, may’ve brought the comments to the prosecutor’s attention.  Needless to say, there is ample case law declaring a blogger is not legally responsible for comments made by others at their blog.  The idea that the prosecutor would blame Turley for comments, no matter how reprehensible and disgusting, offends me.  If it were me, I would turn comments off on my blog since that is what offending the prosecutor, but continue to post about the trial.  Al-Arian’s attorney erred on the side of caution which is understandable, though depressing for anyone advocating for the First Amendment.

My interest in this issue is more than just academic.  In the libel case Rachel Neuwirth is pursuing against me (we’re waiting for the Court of Appeals to schedule a hearing date), we are striving to carve out a free speech privilege for blogs under California state law.  Though you might think such an issue would have been clearly decided by now in favor of the proposition, that’s not necessarily so.  The fact that Turley feels he must censor his blog to protect his client is yet another indication that free speech and blogs do not yet go hand in hand.

Also troubling, is an objection voiced by the prosecutor to Al-Arian being released on bond to his daughter:

…Jonathan Turley has accused Kromberg of bias against Muslims. On Friday, Kromberg objected to a court order that would release Al-Arian to his daughter’s custody to await trial, arguing that she would be unable to exert any authority over Al-Arian “in this particular culture,” an apparent reference to the family’s religion.

It’s one thing for a prosecutor to be zealous in their case.  Making life hard for a defendant is part of their job, I guess.  But to make such a prejudicial statement in open court seems far from the normal order of business for a prosecutor.  This is zealousness raised to an almost pathological level.  I know this kind of behavior will shock some of you who believe the Justice Department to be a paragon of rectitude when it comes to issues like this.  After all, who can imagine a Department run by the likes of Gonzales or Ashcroft to be Islamophobic?  I don’t know if Kromberg’s ludicrous comments would provide grounds for appeal if such an action is ever necessary, but I’d hope so.

Some speculate that the judge may be postponing the trial in the hopes that immigration authorities, who have the right to hold Al-Arian up to 90 days, will be forced to deport him at the end of that period and in accord with the previously mentioned plea deal.  Judge Brinkema may think that with Al-Arian deported the new contempt charge will be moot.   In bringing that charge, the Justice Department seems to be trying to void the deporation provision of the plea deal in order to punish him for not testifying.  They’ve kept him in jail for 1,900 days despite failing to convict him of a single criminal charge.  The current legal strategy seems part and parcel of this punitive regime.

Lock-Out: Blogger.com Freezes Magnes Zionist

Friday, August 1st, 2008
Magnes Zionist freeze out by Blogger.com

Magnes Zionist freeze out by Blogger.com

It looks like the militant pro-Israel crowd may be engaging in hijinks against one of our intrepid progressive Jewish bloggers, Jerry Haber at The Magnes Zionist.  When he attempted to write a new post today he was informed that his blog had been frozen as a potential splog (spam blog).  Of course, Magnes Zionist is far from a splog.  In fact, Jerry provides a unique perspective on the Israeli-Arab conflict as a liberal Orthodox Jew and academic.

It is an absolute travesty that Blogger has taken this unjustified action against Jerry.  And this is an insult not just to him, but to all of his readers and the rest of us who rely on him as a unique voice in the Israeli-Palestinian online debate.

Jerry has a hunch that one of the right-wing pro-Israel trolls who frequent the web has reported him to Blogger and caused him to be shut down:

Not to be paranoid, but I think that my blog is the victim of the sort of electronic warfare that so-called Israel advocates take part in.

Considering the content of his latest post about a settler Goon who accompanied Jerry’s latest tour of Hebron’s settler Gan Eden (“paradise”), it’s highly credible that such a person could’ve engaged in such behavior.  The GIYUS/settler crowd probably finds such tactics entirely kosher in the war on behalf of their God-given right to occupy Palestinian land and single-handedly (well, almost single-handedly) prevent resolution of the I-P conflict.

If you blog, please consider publicizing Jerry’s tsouris.  If you have a Blogger blog consider that something like this could happen to you.  Find ways to publicize Blogger’s egregious conduct.  You can use this link to complain about Jerry’s treatment and demand reinstatement of his blog.  Even if you can’t help directly, visit Jerry’s site and send him encouragement.

He has set up a temporary Blogger blog that he can update (until the goons report this one as well).  I will update you about Blogger’s response to Jerry’s appeal for reinstatement of his blog.  Meanwhile, I’m encouraging him to shift to a different platform like WordPress.com where narischkeit like this won’t happen.

Comment is Free, Wikipedia, and Why Blogs ‘Don’t Get No Respect’

Monday, April 28th, 2008

Some of you may know that the English newspaper, The Guardian, is expanding its coverage of the U.S. It’s website has a global reach and now has a significant portion of its readers here in this country. As part of this expansion, Comment is Free, the Guardian’s daily blog about politics and international affairs will be adding a U.S. section come June.

The Washington DC editor asked me if I would contribute a weekly column to CiF. This is really a dream come true for me. When you first start blogging as I did in 2003, you sometimes feel like you’re shouting down a dark hole and all you hear in reply is your own echo. It’s gratifying when the mainstream media validates the value of your work.

In addition, there is still a significant percentage of people who look down their noses at political blogs as a reliable research source of information or opinion. Usually those people are the ones who disagree with your views to begin with and their dismissiveness tends to confirm their opinions in a loop of circular reasoning. I appreciate the Guardian granting its imprimatur to my work. It goes some ways toward combating this prejudice.

A perfect example of this is Wikipedia, the world’s largest source of online research. It has a deeply confusing attitude toward blogs as sources for Wikipedia articles. Generally, they are frowned upon as unreliable since they are self-published sources, a definite no-no in the Wikipedia world. However, if you are a genuine expert in the field you write about, then blogs can be accepted as sources:

Self-published material may…be acceptable when produced by an established expert on the topic of the article whose work in the relevant field has previously been published by reliable third-party publications

But it seems up to the blogger and Wikipedia members to sort out whether you are an expert or not. If you consider yourself an expert, and even if your blog presents original research on a topic, if another member disagrees they can remove your links at will and quote you irrelevant chapter and verse to “justify” their actions.

In my case, there are several members who have campaigned to remove references to my blog (read my Talk page) in Wikipedia articles arguing that by linking to my blog I’ve created a conflict of interest. Given that the conflict of interest rules were created mainly to prevent commercial entities from either promoting themselves or tearing down their rivals, they aren’t relevant to my situation. They also argue that despite my background in the field about which I write, since I am not a professional journalist, author, or academic, my contributions are not trustworthy and not disinterested. Considering that Wikipedia exists online and exploits all the opportunities that the web offers to disseminate knowledge, I find it ironic that it’s standards are so conventional. Either you write a book, newspaper or magazine article, or academic journal article if you wish to be an acceptable source. Write a blog and you’re chopped liver.

A senior Wikipedia editor I respect recently wrote to me about a phenomenon called “wikilawyering,” a tendency, as the online encyclopedia grows ever larger and more complicated, to parse the rules to an incredibly fine degree. In Talmudic interpretation it’s known as pilpul or in English ‘casuistry.’ He examined the work of my opponents and told me that it was such an example. I’m hoping to be working with him and other sympathetic Wikipedia members to figure out how serious political blogs can be treated with more respect within the Wikipedia universe.

And should anyone reading this edit Wikipedia articles, I’d welcome my work being referenced and linked there.

Though the pay at CiF isn’t much, at least I am getting paid. I remember a hilarious story Calvin Trillin wrote I believe in the New Yorker about a nice lunch The Nation’s editor treated him to over a discussion of his becoming a contributing writer. Trillin relates jocularly that the fee for his pieces was to be “in the low three figures.” But three figures is better than no figures.

My English friend, Michael Furmanovsky wrote to me saying: “You should be proud to be contributing to the best newspaper in the world.” As a dyed in the wool NY Times reader I find it difficult to transfer that title to The Guardian. But the truth is that the Times has nowhere near the diversity of political opinion in its pages that The Guardian does. This is proven by the fact that it is The Guardian and not the Times which has developed Comment is Free, a terrific means of integrating the best of the blog world into mainstream media.

The Guardian truly lets a thousand flowers bloom. The Times seems to specialize in a limited and carefully selected number of hot-house flowers. It’s a different journalistic philosophy and while I value both–as a writer I’m especially grateful for The Guardian’s approach.

I want to continue encouraging readers to provide story ideas to me along with links and any other background information that is necessary to write it.

Angry Pro-Israel Bloggers Wreak Vengeance Over Media Bias

Saturday, February 2nd, 2008

bad news britainBad News Bears anti-Brit blog

This Haaretz story takes the prize for ding-battiest pro-Israel wingnut project of the week, month and perhaps year. Let’s say you’re a pro-Israel blogger and you’ve really got a bee under your bonnet over alleged media bias against your favorite country. What do you do? Do you create a blog to defend Israel which rebuts the bias? Do you write letters to the editor pointing up Israel’s good points? Well, those choices seemed too obvious for a group I’m calling the Bad News Bears bloggers. They hail from various countries but all share anger over their native country’s media distortions defaming Israel.

They are wreaking vengeance against Israel’s enemies by blogging about the worst, most scandalous news about their home countries. I kid you not. Hate those baddies at the Guardian? Tell the world about England’s violent drunk teens. L.A. Times got you down dissing Israel? Tell the world about the latest drive by killing. The idea seems to be if you want to smear Israel I’ll smear you back. If this isn’t the most lame-brained idea I’ve heard in ages I don’t know what is. Instead of damaging the reputations of the countries portrayed, it damages the reputation of Israel that its defenders behave in such a fashion. If you wanted to think of the wackiest pro-Israel propaganda venture could you have thought of this one in a million years??

But one of the oddest things about this is that one of the blogs actually claims 300 visits a day. Can you imagine who would visit such a site? If you revel in pestilence, plague, and devastation, then I guess these sites are for you.

Further, this notion was dreamed up by a Dr. Manfred Gerstenfeld, who calls himself a “media analyst” and taught a “seminar” which launched the project. With ‘friends’ like Herr Doktor Gerstenfeld Israel needs no enemies.

Mideast Brief: New Media Resource

Friday, December 21st, 2007

When you blog it’s always a good thing to check your referrals because you can learn a lot from them. You learn who’s naughty and nice to you online. And you learn about new online resources of which you’d never heard. So I discovered Mideast Brief (MEB), a site which features great media resources covering the Israeli-Palestinian conflict. Actually, the site is divided up by country and covers Iran and Iraq as well. MEB features Tikun Olam in its blogroll and several folks visiting the site had come to my blog, which was how I discovered that it existed.

You don’t see such valuable resources that often online so I was curious who or what was sponsoring this venture. There was no About page, so I couldn’t determine anything from the website itself. I sent off an e mail and Dan Sisken replied. Dan is doing this project on his own time though he’s been affiliated with MERIP in the past as a webmaster and web designer. He has a PhD in political science concentrating on the Middle East.

Dan has an ambitious agenda for the site and I’m going to try to participate in it as much as I can. Israel Palestine Blogs, my peace blog aggregator has not been working properly for a long time. I believe the RSS update feature can’t handle the number of blogs I feature there and so the site hasn’t been updating new posts properly. Dan and I are going to try to create a blog section at MEB that will mirror the way he’s handling his news section.

I tried to do this at my third site, Israel Palestine Forum, where I created sections featuring blogs, essays and news articles and a discussion forum. But again I wasn’t happy with the site technically or graphically and stopped updating it with the exception of the discussion forum which IS still active.

Eventually, I’d like to transfer the concept of Israel Palestine Blogs over to MEB so a reader would have a one-stop resource for checking both news and blog coverage of the Israeli-Arab conflict. There would also be a subscription/e-mail notification feature allowing readers to receive daily emails of the site’s content.

Since I don’t read Arabic, nor am I specialist in Middle East affairs I’ve always found it difficult to keep abreast of news developments in Palestine and the other front-line states. MideastWire offers a good resource though it covers every Middle Eastern country and doesn’t always provide enough depth in the few specific countries I’m interested in.

That’s why I was delighted to discover the Institute for Middle East Understanding, which “offers journalists and editors quick access to information about Palestine and the Palestinians, as well as expert sources — both in the U.S. and in the Middle East…IMEU works with journalists to increase the public’s understanding about the socio-economic, political and cultural aspects of Palestine, Palestinians and Palestinian Americans.”

While every such site is going to have a point of view, the organizers of this one seem to have an independent perspective that is free of an overly partisan or ideological approach that you sometimes see in other similar sites (CAMERA, MEMRI, EI, Al Jazeera, etc.) on both sides of the conflict.

Seattle’s JTNews Covers Neuwirth v. Silverstein

Thursday, December 20th, 2007

Seattle’s Jewish paper has written a long story about my legal battle with Rachel Neuwirth. The nice thing about the article is that it gives Neuwirth’s attorney all the rope he wants to hang himself and his client. I don’t know about you but I’m not used to hearing lawyers use four letter words in defending their clients:

“She never threw any mud at him, she was never responsible for things that he wanted to blame on her, and she so testified and he couldn’t prove to the contrary,” said Charles L. Fonarow, Neuwirth’s attorney. “The only thing she ever did was try and talk to the guy, and for that he just let loose all his shit.”

Not quite sure what he’s referring to here. Neuwirth did call the house one Sunday morning at 7:30 AM waking my wife and asking for me. I didn’t speak to her and wrote in my blog that I never wanted to hear from her again and haven’t. She used to post insulting comments at this blog using pseudonyms but doesn’t do that anymore either. So not sure what he means by “trying to talk to the guy” unless hurling insults is considering trying to talk to me.

In further remarks, Fonarow really exposes the weakness of Neuwirth’s case:

“Even though Rabbi Seidler-Feller, as a result of the settlement, admitted full responsibility and that she didn’t provoke the attack at all, Silverstein nevertheless calls her a liar and says that he doesn’t believe what Seidler-Feller has admitted,” Fonarow said. Silverstein’s original comments “may be a tad short of defaming her, but not much, and then he goes on to start committing the acts, which were clearly defamatory, for which we sued.

“A Kahanist is a terrorist, and however you slice it, it’s a defamatory remark.”

First, it should be noted that I never called Neuwirth a liar in this context. I merely said that given the facts as Seidler Feller and other witnesses stated them just after the incident; and her version of the event, I chose not to believe her version and to believe another. The problem with Fonarow and with so many right-wing ideologues is that they create huge ellipses in the arguments of their opponents in which they leap from a fact to an interpretation of the fact which has no relation to the original fact. So because I choose not to believe her I’ve called her a liar. Precision has never been a hallmark of partisan ideologues anywhere.

But the money quote here is the last line. Of course a Kahanist is not necessarily a terrorist. There are Kahanists like Baruch Goldberg, Irv Rubin and Meir Kahane himself who were terrorists. There are Kahanists who are not terrorists. Calling someone a Kahanist may mean calling them a racist, but it doesn’t mean calling them someone who personally commits acts of violence, which is what a terrorist is. This is where Neuwirth’s case collapses.

Fonarow repeats the Neuwirth-Campus Watch claim that Joel Beinin lied when claimed she made a death threat against him:

Fonarow said any allegation that Neuwirth’s message was a death threat was a lie.

“She leaves him a message that in effect, said, in the same tone, you can’t be saying [anti-Israel statements] because the Jews have to be vigilant at all times,” Fonarow said. “Look what they did to David [sic] Pearl, and look what Hitler did, and he takes that as a death threat, which is preposterous.”

Somebody oughta tell Mr. Fonarow that he was referring to Daniel Pearl, not David. But hey, what’s a little inaccuracy among friends?

About that death threat, here’s what I’ve written earlier on this:

Neuwirth DID call him a kapo and other vulgar demeaning terms. She likened him to Daniel Pearl and said that Beinin might meet the same fate as a traitor to his people. She noted that Hitler took care of those who were traitors first (not sure what this means exactly). Beinin felt so disturbed by the content of her calls that he called the police. The report quotes verbatim from her calls and documents the threat.

Again, I’ll let my readers be the judge: death threat or not? I wish I could post the police report here and quote from it verbatim. But I’ve been asked not to do so and I won’t.

Fonarow based his entire case on the claim that because Rachel Neuwirth is a private party and not a public figure, he didn’t have to show actual malice on my part to prove libel. Since the judge threw out the “private party” claim, then Fonarow would’ve actually had to prove in his filing that I DID show malice. But he didn’t even make such a claim. And in an appeal he can’t change his argument, since the appeals court only judges the evidence and arguments of the original case—though he tries to in the following passage:

Fonarow took issue with Judge Reid’s assertations and suggested that a “trier of fact” would find actual malice in Silverstein’s postings.

“She’s a private person,” he said. “She makes her money selling real estate even though she likes to write a lot of articles because she’s so pro-Jewish…. The only area you can say [falls] under the statute is that she was trying to try to talk to [Silverstein] about a matter that I guess could be considered by the courts to be a subject of public debate.

“As far as I’m concerned there was actual malice,” he added. “If you look at all the other things that he said, in blog after blog after blog, there’s evidence of actual malice even though the trial judge dismissed it as falling short.”

Astonishingly, Neuwirth chose not to talk to Joel Magalnick. That’s gotta be a first. I suppose she thought it possible that my local paper might write less than flatteringly about her. She probably made the right decision, though I would’ve enjoyed hearing more from her.

Magalnick also interviewed the Electronic Frontier Foundation’s senior attorney, who wrote approvingly of Judge Reid’s decision to toss the case:

But Fred von Lohman, an attorney with the Electronic Frontier Foundation, which champions free speech in the digital arena, said this case was precisely why California adopted the SLAPP statute.

“By publishing this on a blog, [Silverstein] was engaging in precisely the kind of protected speech the California SLAPP statute was written to protect,” von Lohman said. “This is really the tip of a much larger iceberg, because as more and more political speech and commentary goes online, it’s inevitable that there will be more need to clarify that the First Amendment protection applies to bloggers just like they apply to traditional pamphleteers.”

On appeal, added von Lohman, if Neuwirth’s case fails again, it will set precedent in California that other courts will need to pay attention to…

“There are lots of things about this case that are pretty standard about First Amendment law,” he said. “The thing that is different is that we don’t have the standard applied to blogs.”

We have high hopes that EFF will join in our appeal (that is, if Neuwirth is foolish enough to file which we have every reason to believe she will).

Computerworld Interviews Tikun Olam Over Cyberstalking

Friday, April 27th, 2007

My thanks to Mary Brandel for taking up the subject of cyberstalking in today’s Computerworld article, Five Ways to Defeat Blog Trolls and Cyberstalkers (for full page version). She interviewed me at length and we had a comprehensive discussion on the subject. This is a topic that internet free speech absolutists and blogging platforms and hosts don’t take nearly seriously enough. Personally, I think we all need to treat this not just as a free speech issue but as an issue of human dignity, respect and rights.

As I mentioned in the article, I appreciate blogging platforms like WordPress which give their users innovative plugins allowing them to exert more control, if they wish, over the content and tone of their comment threads. Further development of such features should be encouraged by the platforms. Plugin authors are playing a major role in providing the tools to combat blog trolling and other cybermischief.

The latest on my cyberstalker, Steven Plaut. I spoke with Neve Gordon this week about his libel case against the former. Gordon expects the District Court (acting as a court of appeals) to render a verdict in the case which Plaut originally lost. It may come as early as a month from now. I asked Neve whether Plaut had created a fake blog through Blogger as revenge against Gordon’s legal action. As I suspected, Plaut did create one. It isn’t active now, but thankfully it’s preserved through the Internet Archive’s invaluable Wayback Machine. This further confirms Plaut as my cyberstalker fraud blogger since he’s also created a fake Blogger blog about Roland Rance after Rance took an active role in writing the Wikipedia article on Plaut. I find it remarkable that with a pattern of fraudulent behavior such as this that Blogger would continue to stand behind the fig leaf of Section 230 of the Communications Decency Act.

I’ve made clear before here that I understand the importance of Section 230 as a protection for web and blog hosts from third parties who upload illegal material to their servers. But Section 230 shouldn’t give a blank check to such hosts and absolve them of any responsibility to remove vulgar, defamatory material which damages the victim’s psyche and reputation. Just because you’re protected from liability doesn’t mean you aren’t free to use common sense as a host. Bsinet used such common sense in taking down Masada2000. Unfortunately, Blogger takes a more obstinate, unreasonable position.

My brother discovered Google’s public listing of its top five executive officers and one of them, Jonathan Rosenberg, is senior vice president for marketing. I contacted his executive assistant who, on first conversation with me understood the severe annoyance this fake blog caused me and said she hoped there was something that might be done. She asked me to forward all the supporting material to her and she said she’d bring it to the attention of someone at Blogger. Within a few minutes she replied:

…It appears that there is nothing more Blogger can do and you must go after the creator of the website.

Which is of course not true. There is plenty Blogger CAN do; but nothing that it WILL do.

My hope is that if Gordon’s victory is upheld by the Israeli court there would then be a pattern of lawbreaking established. I’ll be querying an Israeli attorney about whether I would have standing to sue Plaut in Israel (or here). If not, we may try to persuade other Israelis who’ve been similarly slandered by Plaut to sue him.

UPDATE: Since originally writing this post, I have learned that an anonymous party claims ownership of the fake blog, furthermore stating that Steven Plaut has not participated in its creation. A reporter tells me Plaut has denied his involvement. So while I have no idea whether the anonymous party is being truthful, it is possible that Plaut is either not involved in the blog, is partially involved, or that the blog claimant is lying and Plaut is fully responsible. I don’t yet know for sure which is the case. My impression of Plaut’s authorship was based on a number of factors, including Mr. Rance’s firm conviction that Plaut was responsible for the separate blog of which he is a victim.