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The energy-efficient TVs you want but may not be able to buy

November 11, 2009 |  3:24 pm

TV A Rasmussen Reports poll released Tuesday seems to confirm a point The Times made in an editorial last month on a California regulation that would ban large-screen TVs from being sold because they consume too much energy: Leave it up to the market to catch up on electricity-inefficient televisions. An excerpt from the Rasmussen summary:

A new national telephone survey by Rasmussen Reports finds that 66% of Americans oppose a law that would effectively ban the sale of big-screen televisions to save energy. Sixteen percent (16%) favor the idea, and 18% are not sure.

Most adults (53%) say being able to buy whatever kind of TV they want is more important than conserving energy. However, 37% rate conserving energy as more important.

Still, 54% are willing to pay more for a television that is more energy-efficient. Thirty percent (30%) are not, and 16% aren’t sure.

Conservation-minded folks (this bike and bus commuter considers himself one) may be discouraged by the majority opinion that most people feel being able to buy whatever mega-screen television they darn well please is more important than saving energy. But the energy-unregulated TV market is working in conservation's favor: Nearly the same percentage of people -- 54% -- say efficiency is important enough to them that would pay more for televisions that use less electricity.

As The Times' editorial pointed out, the new regulation would actually hamper the innovation already underway in the industry. The Rasmussen poll adds another point: California's action may deprive consumers of the energy-efficient entertainment they'd pay a premium for.

Hat tip: Katherine Mangu-Ward and Reason's Hit and Run.

-- Paul Thornton

Photo credit: Gina Ferazzi / Los Angeles Times


Justice delayed

November 11, 2009 |  1:24 pm

Maybe it's because I'm a long-ago high school newspaper editor, but I was shocked and appalled (nobody is ever shocked but not appalled) by a New York Times report that Supreme Court Justice Anthony Kennedy -- "widely regarded as one of the court’s most vigilant defenders of First Amendment values" -- insisted on reviewing and tweaking an article about his appearance at a private school in New York. The student newspaper at the Dalton School published a tantalizing editor's note saying: "We are not able to cover the recent visit by a Supreme Court justice due to numerous publication constraints."

Then I read the Times article again and discerned some shades of ethical gray. It's true, as Frank D. LoMonte of the Student Press Law Center said, that "in the professional world, it would be a nonstarter if a source demanded prior approval of coverage of a speech." But apparently Kennedy's purpose wasn't to vet the article as a whole but to reconsider the felicity of some of his phraseology.

It wasn't clear whether he made this request in advance. But if he did, and the agreement was confined to allowing him to polish his prose, I'm less shocked but still somewhat appalled. My own practice as a reporter was to refuse at the outset to show my completed story to an interviewee. As for quotes, I never would allow someone to retract or rephrase an answer because of second thoughts about its political effect.

But I made an exception when I did a series of interviews with prominent intellectuals. One law professor, in explaining his constitutional philosophy, used an analogy in reference to the Constitution. He later called me to suggest a different analogy that he said more precisely made his point. I let him change it, because the whole purpose of the piece was to let him present his thinking in his own words.

The difference here is that the Kennedy story was an account of an event at which an audience heard the justice's original words. That tips the scales of journalistic justice. Kennedy said what he said; if he wanted to correct it, he should have written a letter to the editor.

Actually, there's a precedent. Last year the court ruled that the death penalty couldn't be imposed for rape. Writing for the court, Kennedy cited as proof that the penalty was cruel and unusual the fact that, while 26 states and the federal government, had the death penalty, "only six of those jurisdictions authorize the death penalty for the rape of a child." After the decision, a blogger pointed out that the Uniform Code of Military Justice allowed the death sentence in the rape of a child, a fact the court had overlooked

The court added a footnote rectifying its omission -- but it didn't blot out the original language.

--Michael McGough


The Stupak amendment, deconstructed [UPDATED]

November 10, 2009 |  6:42 pm

I've encountered a fair amount of confusion about the abortion language the House actually adopted on Saturday. Read it for yourself here -- it's a little more than three pages in large type, much of it spent removing abortion-related provisions in the underlying bill. The amendment by Bart Stupak (D-Mich.) and Joe Pitts (R-Pa.) would restrict only the new insurance marketplace (a.k.a. the "exchange") that the bill would create for uninsured individuals and small businesses. It would have no direct effect on the group insurance policies that cover many American workers and their families. Whether it would have an indirect effect on those policies, however, is an open question. Feel free to offer your speculation in the comment section below.

Specifically, the Stupak amendment would prohibit federal dollars from being used to buy any policy offered through the exchange that covered abortions other than those related to rape, incest or danger to the mother's life. It also would require insurers that offered elective abortion coverage through the exchange to also offer policies "identical in every respect" except that they did not cover such abortions.

The main effects of the amendment would be to stop anyone receiving a federal subsidy from buying a comprehensive health insurance policy that covered elective abortions, and to bar the proposed government-run insurance plan (a.k.a. the "public option") from covering such procedures. The amendment would allow insurers to offer "supplemental" policies that covered abortions, but their customers could not use federal subsidies to buy them.

Prior to the Stupak amendment, the House bill would have required insurers to jump through some accounting hoops to segregate the money collected for coverage that was mandated by the bill -- and eligible for subsidies -- from coverage for elective abortions. But abortion opponents argued that this arrangement didn't go far enough. Money is fungible, after all, and making the mandatory coverage more affordable with subsidies would also make any additional coverage more affordable.

The same argument applies to the Stupak amendment. The Stupak language would require women seeking coverage of elective abortions through the exchange to sign up for a separate policy, potentially (but not necessarily) forcing them to spend more for the two than they would have spent on a single plan that included the coverage. Of course, their ability to afford the supplemental coverage would be greatly enhanced by the federal subsidies that shrink the cost of the main plan.

So why is the pro-life camp so enthusiastic about the amendment? Maybe they expect it to lead insurers to stop offering any kind of coverage for elective abortions through the exchange. That's what Planned Parenthood and its allies fear. These advocates complain that insurers wouldn't offer the supplemental coverage because there wouldn't be enough demand, given that abortions result from unplanned pregnancies. I'm not so sure about that -- no one plans to get sick or break a bone either, and yet everyone who buys health insurance wants to be covered for such things.

It's also worth noting that although many insurance policies cover elective abortions today, a high percentage of them aren't paid for by insurers. In addition, 17 states use their own Medicaid budgets to pay for "medically necessary" abortions for poor women.

So the Stupak amendment may not have much effect on the poorest women in states such as California, women covered by group insurance policies, or women of means. But it's undeniable that the amendment threatens the availability of insurance coverage for elective abortions for the working poor and lower middle class -- the ones who would receive subsidies under the House bill to buy insurance through the exchange. That category includes those making 150% to 400% of the federal poverty line -- up to $43,000 for a single woman.

Updated, Wednesday at 3:27 p.m.: I see from the comments left by Karen, Nate and a few others that I shouldn't have referred to abortions not covered by the so-called Hyde amendment restrictions (i.e., to terminate pregnancies not caused by rape or incest and not needed to save the mother's life) as "elective." My bad. The non-Hyde category includes abortions that would be deemed "medically necessary," which is a very broad classification. In fact, some abortion opponents view "medically necessary" as a loophole so wide, it opens the door to abortions for practically any reason.

-- Jon Healey


Views from opposite sides of the newspaper pay wall

November 10, 2009 |  5:26 pm

Lots of folks are writing these days about Rupert Murdoch's recent statement that News Corp. plans to stop its newspaper stories from being indexed by Google when it throws up a more comprehensive pay wall next year. His comments came days after the American Press Institute released an intriguing report on digital business models that exposed a gap between the industry's sense of its content's value and the public's perception. Hmm, "gap" isn't exactly the right word. Make that "yawning chasm."

API and ITZBelden surveyed daily-newspaper executives in North America in August and September, reaching a total of about 7% of the publications in the U.S. and Canada. Their responses were compared with results from consumer surveys aggregated by Belden earlier this year. The comparison revealed that news execs believed their stories were more valuable and harder to replace than readers did. For example, 52% of the readers surveyed said it would be somewhat easy or very easy to find a substitute for the online content that news industry websites were providing; 68% of the executives said the opposite.

Here's the most telling table, in my opinion -- it shows just how slim the chances are that readers who can no longer find the content they want on a newspaper's website will migrate to the paper's print edition:

pay wall, Google, News Corp, Rupert Murdoch, American Press Institute, ITZBelden

Granted, the API study didn't seem to address the central issue posed by pay walls: how much, if anything, would people be willing to pay to read a story? But it did say this about the fees that newspapers charge for subscriptions to their websites:

"Respondents report a wide range of online subscription charges (from $1 to $27.50 a month), yet they report surprisingly uniform levels of uptake on subscriptions, typically 1 percent to 3 percent of print circulation -- regardless of price."

In other words, the vast majority of readers don't like the subscription model, regardless of how cheap it might be. Micropayments, anyone?

(Thanks to the Center for Media Research for putting the API report on my radar screen.)

-- Jon Healey


Married Catholic priests? Yes and (mostly) no

November 10, 2009 |  4:28 pm

It was a blow to Roman Catholic liberals when the Vatican announced last month that it would welcome, en masse, conservative Anglicans who share the pope's opposition to female clergy and traditional views about homosexuality. But there was a silver lining for liberals: The fact that in welcoming married Anglican priests to the fold, Pope Benedict XVI was perhaps opening the door to married priests within so-called Latin Rite Catholicism. (Eastern Rite Catholics, who recognize the pope's authority but follow rites similar to those of Eastern Orthodoxy, do ordain married men, though Eastern Catholics in the United States were pressured to conform to Western practice so as not to "scandalize" their Irish Catholic neighbors).

But the publication this week of the decree implementing the overture to Anglicans suggests that the slope to married Catholic priests isn't that slippery. After saying that married former Anglican priests could be ordained as Catholic priests, the "Apostolic Constitution" stops short of adopting the Anglican practice of routinely ordaining men who want to become priests.

While authorities of the new church-within-a-church will abide by "the discipline of celibate clergy in the Latin Church, as a rule," an "ordinary" (a bishop or former Anglican bishop) may also ask the pope for permission to ordain married men "on a case-by-case basis." This could be a face-saving way to perpetuate the Anglican tradition of a married clergy without saying so, or it could be a warning that married Anglican laymen will be ordained only rarely. Either way, the new Anglican body within Catholicism will not have the autonomy enjoyed by the Eastern Catholic churches.

The more stinging rebuff to Roman Catholic advocates of married priests is this rather mean-spirited provision of a companion document: "Those who have been previously ordained in the Catholic Church and subsequently have become Anglicans, may not exercise sacred ministry in the Ordinariate." In other words, if you left the Catholic Church and now want to return alongside other Anglican priests, you are treated worse than an Anglican priest who never belonged to the Catholic Church in the first place.

Perhaps the purpose of this provision is to prevent married Roman Catholics who want to be ordained as priests to pretend to convert to Anglicanism so that they can go back through the revolving church door and be accepted as married Catholic priests. But how likely is that? And if the church is willing to incorporate Anglican traditions that don't violate Catholic doctrine (as opposed to a mere regulation like mandatory celibacy), why not treat the new Anglican Rite exactly as the Eastern churches are treated? The only justification for that inconsistency is to stifle discussion about ending mandatory celibacy for Roman Catholic priests.

-- Michael McGough


This is an L.A. Marathon?

November 9, 2009 |  4:25 pm

Run After signing up for the 2010 L.A. Marathon early this morning and studying the course map -- which was unveiled today -- I remembered a piece on the 2007 race by then-Times Deputy Editorial Page Editor Michael Newman, my boss at the time. After finishing the marathon, Newman panned race organizers for ignoring L.A.'s best asset (the ocean) in routing runners from Universal City through Koreatown, Boyle Heights and other inland neighborhoods on their way to downtown L.A. Newman garnered his share of provincial scorn for declaring, based on his race experience, that "much of L.A. isn't very pretty."

I thoroughly agreed with Newman at the time -- that much of L.A. is ugly -- and I still do. But having actually signed up for the 2010 L.A. Marathon, my thoughts on the "stadium to the sea" route are mixed; perhaps bipolar would be a better way to put it. As a first-time marathoner, I look forward to the beach finish providing a major psychological boost to those of us pounding our feet on pavement for 26.2 miles. But putting on my lifelong Southern Californian hat -- which comes with a deep "warts and all" affection for Los Angeles -- the new route strikes me as ... just not right.

Despite its Hollywood-inspired reputation, Los Angeles has always struck me as a city unafraid to put its gritty face forward. Past marathon routes -- which started and ended in downtown L.A. -- reflected this attitude. Sure, runners would bisect tonier neighborhoods such as Hancock Park and Larchmont Village. But this is L.A., a city whose wealthy enclaves are often adjacent to or surrounded by working-class neighborhoods. Running in Hancock Park and Larchmont Village practically requires passing through Koreatown or the yet-to-be gentrified areas of Hollywood.

Looking at the route closely, and how magnetically it seems to abut the Hollywood Hills and Santa Monica Mountains for much of the race, it's hard not to come away with the impression that race organizers deliberately avoided areas some may not consider "nice" (Rodeo Drive -- really?). You can call this the Los Angeles Marathon if you want, and come race day, I'll gladly run. But I won't be surprised if, for much of the race, some Southern Californians viewing the event from home on March 21 wonder what marathon they're watching.

-- Paul Thornton

Photo: The start line at the 24th annual Los Angeles Marathon on May 25, 2009. Credit: Liz O. Baylen / Los Angeles Times.


The Berlin Wall: Our reaction the day after the fall

November 9, 2009 | 12:19 pm

Memorial When I say "our," I mean the collection of Times editorial writers and editors who worked in the same department 20 years ago as I do now (for the record, I was 9 years old when the then-undead German Democratic Republic announced on Nov. 9, 1989, that it  would allow its prisoners -- er, citizens -- to travel freely to capitalist West Berlin and West Germany). Brighter minds than mine have already weighed in on the historical significance of the intervening 20 years between the democratic revolutions in Eastern Europe of 1989 and now (click here for a roundup of today's Berlin Wall punditry). Today on our own Op-Ed page, columnist Gregory Rodriguez waxes historical about the Cold War nostalgia for the moral clarity provided by the Berlin Wall, and Mitchell Koss reminds us of the revolutionary actions of Hungarians several months prior to the events in East Germany. On Sunday we published the accounts of six former East Germans on their experiences as citizens of a reunited Germany.

Below is a Times editorial published on Nov. 10, 1989, the day after the East German politburo lifted emigration restrictions on its own citizens and precipitated the demolition of the Berlin Wall. Though The Times relishes the excitement of the moment, the editorial steers clear of any prognostication about the future of communism in Eastern Europe (much less the Soviet Union, which would cease to exist two years later) and devotes much of its ink to analyzing the realpolitik behind East Germany's actions.

-- Paul Thornton

The full editorial:

Friday, November 10, 1989

Stunning Unfolding of Events

Suddenly, dramatically, momentously, the political change that for months has been demanded, debated and finally promised in East Germany is beginning to take concrete form. The Berlin Wall, which for 28 years has separated East from West Germany and stood as an indictment of the Communist regime's fear of its own people, is about to disappear, if not yet physically then at least as a symbol of repression and confinement. East Germans are being given the freedom to cross legally and directly into West Germany, to come and go as they please. Many in Germany and certainly in Europe are wondering, more than a few of them apprehensively, whether easing the physical separation of the two Germanys may not be a precursor to ending their political division as well.

Egon Krenz has spent the three weeks since he took over as East Germany's Communist Party chief shuffling his cards. Now he is playing them. The government has been required to resign en masse, the Politburo has been purged. Younger and supposedly more progressive-minded officials have been moved to the fore. Krenz has promised that East Germans will soon have the chance to vote in free and honest elections, a tacit admission that the elections of the past have been neither. Significantly, though, he has yet to say anything to indicate that future elections will be multiparty in scope. For now, the line that the party will keep its monopoly on power is unchanged.

But the voice of the people has been heard, and the dissatisfactions of a bitter and frustrated populace have been registered. Krenz and other high officials have publicly acknowledged that the party has been too aloof, too insensitive to popular needs and hopes, too arrogant in its isolation. "We want," Krenz now says, "a socialism that is economically effective, politically democratic, morally clean and most of all has its face turned to the people." Most East Germans would no doubt be happy to see such a platform materialize. But whether Krenz ascribes the same meaning to those pledges as most East Germans is something else.

The promise to unseal the border to West Germany is clearly aimed at stemming the flight of East Germans--more than 50,000 in the last week alone--that, by stripping the country of some of its most productive workers, threatens to cripple its economy. In effect the party is saying that there's no need to flee through Czechoslovakia, since legal travel to West Germany will now be available to all; stay, it is pleading, and see how things improve. The next few days should tell whether East Germans are ready to accept these assurances and the larger if still ambiguous promises of beneficial change that lie behind them. Meanwhile, one of the most stunning events in Europe since World War II is unfolding.

Photo: Giant "dominoes" constructed and decorated to resemble sections of the Berlin Wall are ready to fall along the wall's former route in Berlin today as part of the celebrations marking the 20th anniversary of the real wall's fall. Credit: AFP / Getty Images.


From the top: Q&A with LAPD Chief-designate Charlie Beck [UPDATED]

November 6, 2009 |  4:46 pm

Beck Charlie Beck, chief-designate of the Los Angeles Police Department, visited with reporters, editors and members of The Times' editorial board Wednesday, the day after Mayor Antonio Villaraigosa announced his nomination of Beck as the next LAPD chief. In some areas, Beck distinguished himself (though cordially so) from former Chief William J. Bratton, pointing out that his method of effecting change by focusing on rank-and-file officers differs from his predecessor's emphasis on establishing policy and working with political leaders. Beck expressed support for greater transparency in police oversight (the subject of a Times editorial Saturday*) and Special Order 40, the department mandate that prevents officers from initiating police action for the purpose of determining someone's immigration status.*

Below are audio clips of the session; I've included notable quotes by Beck on each topic. Segments two through eight begin, in order, with questions posed by Times staff members Jim Newton, Patt Morrison, Nick Goldberg, Marjorie Miller, Joel Rubin, David Lauter, Eddy Hartenstein and Newton. The first clip doesn't begin with a question.

LAPD reform, from the ground up

"You'll think of me as more of a cop's chief rather than a leader-manager with vision."

"I have a similar vision to his, but my character's different. I think I'm a better-suited leader to drive the changes down."

Federal consent decree

"All of the issues that the consent decree was created to address, I agree with, and those will continue. Now, some of the mechanics have become ill-suited because either we've reached universal compliance on them, but that doesn't necessarily declare victory on the issue. There are other ways to do this monitoring that is smart."

Transparency in police oversight

"My core belief is that when you become a police officer -- and you're entrusted with life, liberty and life and death of people in the community -- that you give up some right to anonymity that most other people enjoy. Unfortunately, state law doesn't agree with me on that."

Relationship with the Police Protective League

"I think the union is a huge ally. I think that a manager that ignores the authority and power of a union, such as some of ours have done in the past, ignores a huge opportunity to mold his workforce. So the union is very important. Do I think we're going to agree on all issues? No."

Immigration and drug enforcement

"I believe in Special Order 40. I believe in not just the words on paper, but the spirit of Special Order 40. I think that especially in Los Angeles, that we have to represent everybody, that everybody has the right to quality police service, regardless of status. I don't think that we should be an arm of the federal government in enforcing immigration laws specifically. However, if we make a legal arrest on another charge, and a criminal is monitored by Immigration, then they should have access to him."

LAPD size

"I think we are a police department that the majority of residents in Los Angeles feels comfortable with, and that's largely due to the increase in size."

"At 10,000 [officers], we can start to address core issues, because you are able to provide that basic level of service and add on the problem-solving piece. So I think that size that we're at right now should be looked at as a floor, the basement."

Beck's leadership team

"The team that got us here in the first place is still here. Nobody is being thrown out; nobody has told me that they're leaving. I intend to use the players that we have."

Work outside Los Angeles

"I'm going to go out a lot more than I would have if Bill Bratton had never been here, but I certainly won't travel as much as he did. This is my home, this is where my family is, this is where all my avocations are, all the things I like to do, so I'm going to be -- I'm a local boy, always have been. So that's the way I'll be as a chief."

Lessons learned from predecessors

"If I ever become a detriment to this police department because of my personality, because of something I did, then I'm gone."

"It's more important that the Los Angeles Police Department and the city of Los Angeles do well than it is that Charlie Beck does well. So I think that is the key lesson."

-- Paul Thornton

*Update: The Times' editorial on transparency in the LAPD is now online; click here to read it.

*Update 2: A retired LAPD captain kindly wrote to inform me that my previous summary of Special Order 40 -- "the department mandate that prevents officers from obtaining the immigration status of detained suspects" -- was incorrect.

Photo: Mayor Antonio Villaraigosa and LAPD Chief-designate Charlie Beck. Credit: Al Seib / Los Angeles Times


In today's pages: Coverage for abortions and the real story of the Berlin Wall

November 6, 2009 | 11:56 am

Berlin Public option, shmublic option. If you really want to get people worked up about healthcare reform, start talking about whether it should cover abortions and illegal immigrants. Today, the editorial board tackles both those issues, saying that abortion opponents are looking to "extend federal prohibitions into private pocketbooks. By restricting coverage offered through the exchange, they hope to make abortion coverage so unattractive that insurers eventually stop offering it in the market for individual and small-group policies." Healthcare reform thus should not restrict those who receive subsidies from buying extra coverage for abortions. And it's an odd healthcare policy that would eliminate all possibility for illegal immigrants to participate in subsidized care, but require them to purchase their own coverage regardless of their personal finances, the board argues.

"Extraordinary rendition" is just a dressed-up word for kidnapping in the editorial board's eyes, and it praises Italy for recognizing that fact, if mainly symbolically, by convicting 23 Americans and two Italians in absentia for grabbing an Egyptian cleric in Milan six years ago.

On the other side of the fold, the author of a book on the Cold War argues that former President  Reagan's seemingly bold words to Mikhail S. Gorbachev --"Mr. Gorbachev, tear down this wall." -- were for the most part a cover intended to build popular support for the president while he worked on effective diplomatic relations with the then-Soviet president.

And writer Joe Mathews raises his hand for the job of lieutenant governor. It's not that he has ambitions to run anything, he says, and that's exactly what qualifies him for the job. Meanwhile, think of all the spare time he'd have for blogging.

-- Karin Klein

Photo: People stroll by the giant dominoes set up at the site of the Berlin Wall, part of a gala celebration of its toppling. Credit: Fabrizio Bensch / Reuters


The mayor and the former chief, sharing air time with bias cuts and belly laughs

November 6, 2009 |  7:48 am

I'd deliberately stopped watching the news late Thursday evening after being overwhelmed by the horror out of Ft. Hood and the daylong tsunami of news in general. Sometimes, you've got to switch brain hemispheres.

I thought comedy and fashion would do that for me. So I skipped over to ''Project Runway,'' now with extra added fun in the sighting of L.A. landmarks, inasmuch as this season was shot here.

Lo and behold, there on the Lifetime channel was one landmark I didn't expect to see. Beaming bright in the sunshine, on a hillside above the 405 freeway -- yes, that was indeed the Getty Center, But it was also Mayor Antonio Villaraigosa, immaculately suited, with a smile measurable in lumens, welcoming the designers to Los Angeles. Then, boom, faster than you could say ''auf wiedersehen,'' he was gone. As cameos go, though, it was probably more air time than he's used to getting on the six o'clock news..

And then, on Comedy Central, a little more than 90 minutes later, William Bratton, who just left the job of L.A. police chief on Saturday, was in the ejector seat on the "Colbert Report." He was a bit more subdued than we're used to seeing him here, maybe because Colbert only really asked about policing New York, a city Bratton characterized as ''a hellhole'' of broken-window offenders like squeegee pests and turnstile jumpers before he was able to work his police chiefly way on the Big Apple. I'm sorry Colbert didn't ask him anything about L.A.; I already miss Bratton's pungent observations about the sundry scofflaw ''knuckleheads'' and ''loony tunes'' of California.

And then I turned off the television and went to bed. I don't think I could have handled the surprise of seeing Sheriff Lee Baca in a guest spot on the SyFy channel.

-- Patt Morrison


Broadcasters challenge songwriters' price-setting power

November 5, 2009 |  5:57 pm

Federal law gives copyright owners a legal monopoly over public performance of their works, among other uses. But their market power is supposed to be limited by the competition from other copyright owners. Consider the case of songwriters. Paul McCartney can make you pay for the privilege of including "Jet" in your movie, even if it's recorded by Shonen Knife instead of McCartney's Wings. But if you don't like what he charges, you can write your own material or go to another songwriter who demands less.

Unless you can't go to someone else. That's the problem TV broadcasters face when they air syndicated programming. They're contractually bound to air the programs they buy with the music that's already in the soundtrack. As a result, they have zero leverage with songwriters when it comes to negotiating for the rights to broadcast those songs. A group of broadcasters has now gone to federal court in New York for help, filing a class-action antitrust lawsuit against SESAC, one of the three performing rights organizations representing songwriters and music publishers. (You can download a copy here.)

The complaint was filed Wednesday afternoon by lawyers from Weil, Gotshal & Manges, and SESAC hasn't offered any comment yet. It singles out SESAC, the smallest of the performing rights groups (the others are ASCAP and BMI), for two reasons: SESAC's stable of composers includes many of the leading music writers for TV and commercials, and the other two rights groups' rates are already overseen by federal courts through longstanding consent decrees with the Justice Department.

Not being a lawyer, I won't try to guess how strong the broadcasters' case is. What's interesting to me about this case is that, unlike many of the lawsuits I write about, it doesn't challenge the breadth of the copyright owners' rights. Instead, it challenges how they're being used. According to the lawsuit, SESAC gives broadcasters the choice between buying a blanket license — the right to make unlimited use of all the music in SESAC's repertoire — or buying rights for songs on a per-program basis. But SESAC increased the cost of the per-program deal so much in recent years, it has become uneconomic, the lawsuit contends. As a result, broadcasters have been stuck buying ever-more-expensive blanket licenses, rendering moot their efforts to shop around for programs with less costly sources of music. In other words, SESAC is accused of eliminating the competition that mitigates the copyright holders' monopoly power. Meanwhile, the lawsuit claims, SESAC has used the higher fees it's been collecting to attract more soundtrack and commercial composers, tightening its grip on the market.

The broadcasters asked the court for a permanent injunction barring SESAC from fixing prices and other anticompetitive behavior. If they succeed, SESAC could find itself in the same court-supervised posture as ASCAP and BMI. But another way to restore the full benefits of competition among songwriters would be to have the producers of TV shows and commercials obtain the performance rights to the music they use, on top of the sync licenses and other clearances they routinely negotiate for. (Most networks obtain the performance rights for the new shows they produce for their stations and affiliates, but not for the same shows when they're sold into syndication.) As it is, the competition among songwriters ends as soon as a soundtrack is picked. That's why SESAC is allegedly in position to make take-it-or-leave-it offers to broadcasters, who have little choice but to take it.

-- Jon Healey


Humans are more than 50% water. Do we hate more than half of ourselves?

November 5, 2009 |  8:34 am

This won't take long to spell out. How long it'll take to fix, I don't know.

Spinning around the radio dial Wednesday, I alighted on a news story about the water deal reached in Sacramento. The announcer said something to the effect that the deal balances both ''human and environmental'' concerns.

What? Stop! When are we going to get it through our still-insufficiently evolved craniums [crania, if you like] that environmental concerns ARE human concerns, that we are only as healthy and as likely to survive as are our fellow species and the land and water and air on this planet?

For years, we've been shoved into accepting the false, manipulated choice of jobs versus the environment; now there's the insidious manufactured either-or of "us versus them,"'  the `"them'' being a balanced water system and the habitat and creatures that are part of it. Well, here's some breaking news that should be old news: We ARE them.

-- Patt Morrison


In today's pages: A new police chief, new school rules and neocons

November 4, 2009 | 10:06 am

Charlie Beck, William Bratton, LAPD, Antonio Villaraigosa, university salaries, school reform, race to the top, education spending, neoconservatives, liberty, small government, Republicans, GOP The Times editorial board and columnist Tim Rutten both throw their support behind Mayor Antonio Villaraigosa's choice of Charlie Beck to lead the Los Angeles Police Department. The board likes Beck's credentials as a reformer, but notes the work still to be done on that front. Rutten echoes that sentiment, and throws in a few more issues that matter to the City Council.

On a less sanguine note, Edward H. Crane, founder and president of the Cato Institute, a libertarian think tank, argues that neoconservatives transformed the Republican Party into an interventionist, big-government operation with no conservative policy agenda. Them's fighting words! Good thing they came out of Crane's word processor and not, say, Rutten's.

And Jeff Bleich, chairman of the Cal State University Board of Trustees, laments the slow death of the California dream. No, not the one about having a house on the beach. That died a long time ago. He's referring to "the promise of low-cost education that brought so many here, and kept so many here":

In response to failures of leadership, voters came up with one cure after another that was worse than the disease -- whether it has been over-reliance on initiatives driven by special interests, or term limits that remove qualified people from office, or any of the other ways we have come up with to avoid representative democracy.

As a result, for the last two decades we have been starving higher education. California's public universities and community colleges have half as much to spend today as they did in 1990 in real dollars. In the 1980s, 17% of the state budget went to higher education and 3% went to prisons. Today, only 9% goes to universities and 10% goes to prisons.

Speaking of schools, the editorial board criticizes a bill by Sen. Gloria Romero (D-Los Angeles) that combines some common-sense reforms to the public system with ill-considered ones. And, although it agrees that colleges and universities could do a better job controlling costs, it defends the decision by some to pay top dollar for top-drawer presidents.

-- Jon Healey

Illustration: Ted Rall / For The Times


They do, he doesn't anymore

November 3, 2009 |  8:07 pm

Chances are that Tangipahoa Parish's 8th Ward in Louisiana will get along just fine without the services of Keith Bardwell, a justice of the peace who refused to perform a wedding for an interracial couple. The marriages don't last, Bardwell claimed, and the children are worse off. Bardwell's the one who didn't last on this round; he resigned, the state announced today.

In an interview reported by CNN, Bardwell said, "I needed to step down because they was going to take me to court, and I was going to lose."

Actually, the reason he needed to step down is that he's approximately half a century behind the rest of the nation when it comes to civil rights.

The couple were married elsewhere and are now suing Bardwell and his wife, Beth -- who they claim asked them if they were a "mixed couple" and told them they'd have to go to another parish to wed.

Keith Bardwell sees it all as a matter of conscience, and that might be the one point on which he and I agree. "I found out I can't be a justice of the peace and have a conscience," he complained. Conscience does play the key role in this sad, stupid affair: If the man can't obey the law, he should have been honorable enough not to take the job in the first place.

--Karin Klein


Cruising toward gigantism

November 3, 2009 |  3:41 pm

Oasis Just when you thought the era of bigger-is-always-better was over, the Oasis of the Seas heads on its maiden voyage across the Atlantic to Florida.

This isn't just a really, really, really big cruise ship -- 40% larger than the previous title holder. It looks like my grandparents' Bronx apartment building perched on a barge and topped with a flying saucer. The $1.5-billion ship has entire neighborhoods, seven of them, and no wonder. With capacity for 6,300 passengers and more than 2,000 crew members, this isn't exactly the setting for an intimate cruise. By lowering its smokestacks, the 20-story-high ship was barely able to squeak under a Danish bridge on its way from Finland. And for those who yearn for the biggest and newest in travel, its home port will be Fort Lauderdale, with passenger cruises scheduled to begin in December.

So far, cabins are selling well, reports Royal Caribbean, owner of oasis of the Seas, even with the ship's  urban-development design and curious name. An oasis is a wet, lush part of the desert, and even though it has come to mean a refuge of any sort, I can't help the picture of passengers' feet sloshing in puddles of water on deck in the midst of the Caribbean.

Photo credit: Johnny Holmen / EPA

-- Karin Klein


When do readers' comments cross the line?

November 2, 2009 |  1:51 pm

The Times' Opinion Manufacturing Division moderates readers' comments on editorials, Op-Ed articles and blog posts to filter out anything that's not germane or that's inappropriate. The former is an easy standard to apply; the latter can be devilishly hard. Today we received several boundary-pushing responses to Gregory Rodriguez's column explaining why the federal census should count illegal immigrants (and not just because the Constitution compels it to). One by "BlackSaint" stood out for its withering description of illegal aliens. BlackSaint blamed illegals for a host of ills, including taking out subprime loans, lowering the standard of living, and affecting the country's balance of payments by using so much oil and other imports. Then he wrote:

One has to only look at Calif. which is basically mostly an Spanish speaking, Bankrupt state that cannot afford to provide Welfare, Schooling, Medical, Prison cells etc. for millions of MS-13 Gang bangers, Drug dealers, Rapist and other assorted Criminals and uneducated, Prolific breeding, third world rejects from Mexico!

In a very few years it will be impossible to see where Mexico ends and Calif. begins as both will be an third world cesspool!

Failure to secure our borders and reward the Invading horde for their invasion and their relatives in an never ending chain with American Citizenship is nothing less than committing National Suicide & will assure our future is an over populated Spanish speaking third world Nation that is an Cesspool of Corruption, Crime, Poverty and Misery modeled on Mexico!

This is nasty stuff. Yet those of us on staff who regularly moderate comments published it for a couple of reasons. First, we considered BlackSaint's views to be typical of the faction that's most strongly in favor of deporting illegal immigrants. That's not to say they're mainstream or representative of a significant number of people; it's just that we often see similar ideas expressed when we run a piece related to immigration policy. Second, we think it's better to let readers respond with their own comments when they're offended than to have us block anything that might offend someone.

Our site also lets people report comments they think should be taken down, which one reader did not long after BlackSaint's submission was published, calling it, "Another racist screed." After some internal debate, we decided to take the comment down because it violated The Times' policy against “abusive, hateful or objectionable language, threats, violence or inflammatory attacks.” 

How would you have handled this one? Should The Times have blocked BlackSaint's remarks from the get-go? Should it have ignored the objection and left his comment up? Would it be better to publish everything and let readers sort it all out? Or should we go the other direction and set a higher threshold for what gets published? What's the right standard?

-- Jon Healey


They're everywhere

November 2, 2009 | 12:03 pm

LONDON -- Like most Anglophiles, I feel cheated when I cross the pond and find myself listening to American accents or walking past Burger King and McDonald's in search of a British pub, only to find the bar cluttered with Rolling Rock and Bud taps. What we want is contrast (like Conservative proto-Prime Minister David Cameron embracing the National Health Service, a.k.a. the public option, as he did in a speech today).

Likewise, I relish reading the British papers with their accounts of endless "rows" -- an all-purpose, headline-friendly word that covers everything from mild disagreement to nuclear war -- even though I do keep up with the Times (our Times) online.  From my first visit to Britain as a high school student, coming here has been a trans-dimensional experience.  As they used to say of Earth-Two, the parallel universe in DC Comics, Britain was a world like our own, but with subtle and interesting differences.

That's less and less true in London with its similarities to other cosmpolitan, multicultural cities like L.A., New York and D.C.  But London isn't Britain (or even England) in the way New York isn't the United States. Thus I was chuffed, as they say here, to spend Sunday in the country celebrating (with 90 others) the christening of the son of an old friend. From the Saxon church where the baby was sprinkled by a Central Casting English vicar, we repaired to the manor (no kidding) for a post-baptismal repast.

An Anglophile's dream, but -- Globalization Spoiler Alert -- U.S. politics intruded even in this settiing. I found myself sitting with an American who engaged me in a mostly friendly discussion about whether Obama was really born in the U.S. (and where's that original birth certificate?). The really depressing thing wasn't that a fellow American asked for my view of the Birthers, but that English heads inclined interestedly to hear my answer (which, by the way, was "bunk').

More tea, Vicar? -- and how about that Glenn Beck?

--Michael McGough









Could Philip Spooner be the key in Maine's same-sex marriage vote?

November 2, 2009 | 10:24 am

Rings An unlikely folk hero has emerged from the debate over same-sex marriage in Maine. On Tuesday, voters will decide whether to go along with the Legislature's legalization of same-sex marriage in the state or whether to kill it via a "people's veto."

If voters defeat Question 1 -- meaning if they affirm the right of gay and lesbian couples to marry -- Maine will become the first state to support same-sex marriage at the ballot box. So far, such marriages have been legalized only through court rulings or legislative action.

Polls have shown an extremely tight race, and supporters of same-sex marriage have been hoping to get a boost from an 87-year-old World War II veteran who has become the Internet face of opposition to Question 1. Close to 600,000 people have watched Philip Spooner on YouTube, recounting in a public hearing earlier this year the wrenching sights of blood and death he saw in action and his belief that the sacrifice was in support of a nation that extends equal rights to all.

Spooner, a lifelong Republican, and his late wife raised four sons, one of whom is gay. It's unthinkable to him, he said in the tremulous voice of old age, that three of his sons will enjoy rights denied to the fourth.

"This is what we fought for in World War II," he said, "that idea that we can be different and still be equal."

Maine residents might be traditionalists by nature, but they also have a reputation as independent sorts who take a live-and-let-live attitude toward life. Spooner is, as gay-marriage supporters see him, the epitome of that fierce independence.

Let's hope Maine voters have been a big part of Spooner's Internet audience.

-- Karin Klein

Photo credit: Damian Dovarganes / Associated Press


Jane Goodall in the wilds of Beverly Hills

November 1, 2009 |  8:52 pm

Comedian Craig Ferguson pretty much got it right Friday night at the Beverly Wilshire Hotel, when he told the folks at the Jane Goodall Institute’s global leadership awards:

"It’s nice to be here with people who actually do things rather than just tell jokes on television."

Or who just throw dinners congratulating one another for being so darned swell.

I’ve been to a few dinners at the BW that fit the latter description; the Goodall event fell  into the "do things" category, certainly when it came to two particular honorees. They were sitting at my table, and they’re so young that they drank juice while everyone else drank wine.

Shadrach Meshach lives in Tanzania, where Goodall began her seminal work with chimpanzees. In grade school, he joined up with Goodall’s Roots and Shoots program, grassroots work for animals and the environment. Eventually he began bicycling to Tanzania’s refugee camps for Congolese, persuading hunters to stop killing endangered chimpanzees for meat and showing them how to raise chickens and vegetables instead. He has been breaking other cultural norms, too – he’s an African young man, a teenager, trying to improve women’s lot in life in the belief that that that will improve the world.

He sat quietly on my right, taking in the plush ballroom and the lavish table settings. He has been out of Tanzania twice, once to Orlando, Fla.,last year, for a Jane Goodall young people’s summit, and now here, to Beverly Hills -- not the average visitor’s experience of the United States.

Erica Fernandez came here from Michoacan with her farmworker family when she was a child. Now she’s a full-scholarship sophomore at Stanford; her family still works the fields in Oxnard, she told me, where, as a high school student, she campaigned to keep an LNG facility from being built there. She’s studying matters related to her commitment, environmental justice, and hopes to go to Harvard Law.

Among the grownups honored by Goodall was John Zavalney, already an award-winning LAUSD teacher and science advisor who became a kind of "stand and deliver" hands-on instructor, teaching biology, ecology and environmental science at Foshay Learning Center.

Working with wild creatures rescued by animal welfare workers or confiscated as they were being smuggled into the U.S., Zavalney introduced inner-city students who had never even visited the beach to the wider world of forests and jungles and tidelands and savannas, using these living classroom lessons.

Of course, such awards have to feature some celeb names among the winners – in this case, actress and animal lover Betty White and super-green guy and actor Ed Begley Jr., both of whom delivered the kind of funny remarks that everyone counts on to provide a bit of leavening to other speakers'  serious stuff. 

The public policy award went to mayor Antonio Villaraigosa, "the greenest mayor" L.A. has ever had, announced Begley, who is a big public transit user. Villaraigosa’s was to have been the evening’s first award, but the mayor evidently arrived late, and it was pushed down to later in the program. [Small-world department: The terrific waiter at my table had been a Cathedral High School classmate of Villaraigosa’s.]

The mayor, as I reported in July, met Goodall on his trip to Africa, accompanied by Lu Parker, his girlfriend, KTLA-TV anchor and former teacher and Miss USA pageant winner. On Friday evening, he arrived solo to accept his award. Parker, he said, wasn’t there because she was working.

If you’ve never been to one of these dinners, the silent auction is a regular pre-dinner fundraiser and curtain-raiser. This time, along with the usual wine and hit-DVD and spa packages being offered, guests bid for artwork by chimpanzees.

Later, once people had been softened up by the wine and the vegetarian meal – Goodall told me a few months ago that cutting back on meat eating is one of the most significant things humans can do to improve the globe’s health and survivability -- bidding opened on a one-off item.

For a bid of $25,000, Goodall Institute board member Addison Fischer won the right to name the next primate refugee to arrive at Goodall’s chimpanzee rehab center in Congo. He wasn’t spilling the beans on his choice, but the buzz in the ballroom was weighted heavily in favor of "Jane."

-- Patt Morrison

 


Poll: With Newsom out, should Villaraigosa jump into the governor's race?

October 30, 2009 |  3:56 pm

NewsomLet the speculation over recently reelected L.A. Mayor Antonio Villaraigosa's gubernatorial ambitions resume, beginning with this blogpost. He already said he wasn't interested in the job (at least this time around), but that was before San Francisco Mayor Gavin Newsom dropped out of the race today, leaving former governor and California Atty. Gen. Jerry Brown as the last man standing in the Democratic Party field. Villaraigosa has a few natural advantages; namely, he would be the only nonwhite candidate and the only hopeful from Southern California in the field (Republicans Meg Whitman, Steve Poizner and Tom Campbell are all from the Silicon Valley, and Brown emerged from political exile as mayor of Oakland before becoming attorney general).

Back before Villaraigosa announced his non-candidacy in June, former state Sen. Tom Hayden predicted in a Times Blowback piece that Villaraigosa would run but that his chances in a two-man race against Brown weren't good:

There is a path to victory in the Democratic primary for Villaraigosa if he runs against three white male candidates: former Gov. Jerry Brown, San Francisco Mayor Gavin Newsom and Lt. Gov. John Garamendi. Villaraigosa will be able to claim the Latino vote -- roughly 28% of primary voters -- thus needing only an additional 12% to reach the 40% probably needed to succeed in a divided field. In a two-way race against Brown, on the other hand, Brown wins. ...

Some say he first should do the job he was elected to do. They don't understand his DNA or that of most power politicians. Villaraigosa is not a policy wonk; instead, he looks for good ideas that he can market as sound bites, such as "greening L.A." or "subway to the sea." Like any Machiavellian, his mission is to expand power for himself and for the forces he has chosen to represent -- Latinos and labor foremost -- while also cultivating an image as pro-growth, pro-business and pro-police. He still needs to win a greater base among environmentalists and Silicon Valley entrepreneurs, but the demographics of California politics are trending his way.

Hayden was responding to a Feb. 27 Op-Ed article in The Times by Marc Cooper, who made the case against a run by the mayor:

The mayor's first term was a mixed bag, even if you put aside his personal contretemps. He's laid some groundwork for an eventual crosstown rail system, but it's still a long way from certain it will be built. He's worked effectively with LAPD Chief Bill Bratton to modernize and expand the force, but there are still plenty of crime problems, including gang warfare, that need attention. He flubbed a bid to take over the city's public schools, but then gave his blessing to a successful behind-the-scenes move to oust the lackluster David Brewer as superintendent. And he has done some work, though not all he promised, to improve the handful of schools he now controls. ...

Holding the title of governor of the Golden State obviously confers more personal prestige than reigning as Chief Angeleno. The former is about personal glory and tussling for four years with a brain-dead Legislature. The second is about saving America's second-biggest city and, in doing so, not exactly failing to rack up a nice little bundle of political glory points.

What do you think? With Newsom out, should Mayor Villaraigosa take a shot at becoming Gov. Villaraigosa? Take our unscientific poll, leave a comment or do both.

-- Paul Thornton

Photo: San Francisco Mayor Gavin Newsom on Oct.11. Credit: David Cannon / Getty Images.


In today's pages: Pot clinics, Pakistan and populism

October 30, 2009 | 12:30 pm

Pakistan An ounce of enforcement is worth a pound of new laws. Or something to that effect. The editorial board points out today that Los Angeles could more effectively limit the proliferation of marijuana clinics by enforcing existing state law against for-profit operations than by dithering over municipal restrictions.

The board mourns the deaths of more than 100 men, women and children in a Pakistani car-bombing, saying that such terrible events should convince Pakistanis that the fight against violent Islamic extremism is their fight too:

More than anything [Secretary of State Hillary] Clinton can say, a series of assaults that have taken the lives of more than 500 civilians this year should serve to convince typical Pakistanis that this is not just a U.S. war. The United States and Pakistan have a common enemy in Islamist extremists, and the Pakistani state is fighting for its survival.

And the board urges President Obama to stand by his deadline for closing Guantanamo:

The legal axiom that "justice delayed is justice denied" applies with special force to Guantanamo. Whether they are dangerous terrorists or, like many of those already released, bystanders caught up in a post- 9/11 dragnet, these detainees have languished for years without adequate due process.

On the other side of the fold, a consultant to a documentary on convicted murderer Leo Frank writes about his 1915 lynching in Georgia. The subsequent campaigns either to vilify him or clear his name echo today, with haves and have-nots viewing the same events from markedly different perspectives.

And the battle continues over the Human Rights Watch reports earlier this year on the Middle East. Robert Bernstein, who helped found the organization, wrote an op-ed for the New York Times slamming the group's Middle East division for what he called bias against Israel. Today, a Middle East reporter for Time magazine hits back at Bernstein on our op-ed page:

Bernstein is just plain wrong that the organization's Middle East program focuses on Israel's alleged human rights violations while ignoring those committed by Arab governments and the Iranian regime. Even a quick glance at Human Rights Watch's website, where recent reports are posted, shows that the majority of those on the Middle East relate to countries other than Israel. According to Human Rights Watch, it has produced 1,776 total documents on the Middle East since 2000 -- 250, or 14%, of which were devoted to Israel.

--Karin Klein

Photo of the aftermath of the Pakistan bombing, Credit: Arshad Arbab / EPA


 

 

 

 

 


In today's pages: Nuñez, Vick, football, farming and food

October 29, 2009 | 11:23 am

Nick Ut  In today's editorial and opinion pages, the Times editorial board gives former Assembly Speaker Fabuan Nuñez a shout-out for being cleared of ethics charges arising from his lavish spending, and then gives him a shout-down for the underlying actions. No, he's not a crook. But he still relied too heavily on the largesse of donors with issues to press in Sacramento.

And we pair a shout-down of Philadelphia Eagles player Michael Vick's dogfighting operation with a shout-out to Wayne Pacelle of the the Humane Society of the United States -- for going on a, pardon the expression, dog-and-pony tour with Vick to educate communities about stopping cruelty to animals.

And shoutouts and shout downs abound for the food industry's Smart Choices program.

Columnist Meghan Daum weighs in on farming-chic, and two folks sack Sacramento's recent move to waive environmental laws to hasten construction of a football stadium in Los Angeles or, rather, the City of Industry. Sen. Alan Lowenthal (D-Long Beach) worries that the Legislature "opened the floodgates" to future exemptions to the California Environmental Quality Act. And sports author Dave Zirin sees just the latest in a series of sweetheart deals between unwitting taxpayers and tycoon team owners.

Photo: AP/Nick Ut


Americans to Sarah Palin: We think you're OK, but ...

October 28, 2009 |  3:38 pm
Turns out that a good portion of Americans kind of like Sarah Palin, the ex-Alaska governor who favors late-term abortions only for elected officials. (Get it? The partial-term governor? Har, har.) Most of us, however, don't think she should be president:

More than seven in 10 Americans think Palin is not qualified to be president, according to a new national poll.

Seventy-one percent of those questioned in a CNN/Opinion Research Corp. survey released Wednesday believe the former Alaska governor and 2008 GOP vice presidential nominee is not qualified to be president, with 29% saying she does have the credentials to serve in the White House. Republicans appear split, with 52% saying she's qualified and 47 % disagreeing with that view.

Read the whole story from CNN here.

Truth be told, I believe the obsession over whether a wannabe president is qualified is a bit misplaced. From a historical perspective, the public's perception of qualification seems to be an unreliable indicator of a commander in chief's future job performance, as some of the most highly qualified presidents-to-be proceeded to bring the countryto the brink once in office. And in Palin's case specifically, it's hard for "Do you think Sarah Palin's qualified for the presidency?" to not come across as code for "Do you think Sarah Palin's smart enough to be president?"

Anyhow, this is the part that got me:

Nearly two-thirds of those questioned say Palin's not a typical politician, and feel she's a good role model for women. Fifty-six percent add that Palin cares about people, and a similar amount think she's honest and trustworthy. ...

"Sarah Palin has one advantage that many past Republican candidates have not shared -- Americans think she cares about people like them," says CNN Polling Director Keating Holland.

To which I say: Paging Levi Johnston.

-- Paul Thornton

Q&A with Citigroup CEO Vikram Pandit

October 28, 2009 |  1:10 pm

Vikram Pandit Vikram Pandit, chief executive of embattled Citigroup, stopped by The Times this morning to answer questions posed by the editorial board and editors from the news pages. He dropped no bombshells -- alas, that rarely happens in these sessions. Instead, he gave a cautiously optimistic view of the economy, the housing market and even Citi's mortgage portfolio, saying that low interest rates are helping even borrowers in risky interest-only loans. He also said that Citi has the capability to buy out the federal government's $20-billion stake in its preferred shares (the feds also own 34% of Citi's common stock, which Pandit said the Treasury Department could sell whenever it wished), but that the company was still talking to regulators about the timing of any exit from the Troubled Asset Relief Program. He said the credit crunch felt by small and mid-size businesses stemmed from the problems at regional banks and the shrunken "shadow banking" system. And he offered a few thoughts on what the government should do about financial institutions that are too big to fail.

Here are excerpts of the session:

How is Citi doing?

How is the economy?

The government's stake in Citi

Citi and Treasury Secretary Geithner

Paying back TARP funds

The housing market's outlook

The ongoing credit crunch

The too-big-to-fail problem

Insuring against huge failures

Bring back Glass-Steagall?

Photo: Citigroup CEO Vikram Pandit testifies on Capitol Hill in February. Credit: Saul Loeb / AFP/Getty Images

-- Jon Healey


In today's pages: Bratton's successor, Trutanich's tactics and Obama's Afghanistan

October 28, 2009 |  9:45 am

Ted Rall The police commission picked three finalists in its search for Los Angeles' new police chief, and the editorial board says each possesses many of the qualities needed to succeed atop the LAPD. Just so there won't be any confusion on that point, the board also describes what those qualities might be. The board also notes that two proposed ballot measures are due to be submitted today to enable and call a state constitutional convention, and it all but endorses them in a near-desperate plea for functional governance in California.

On the Op-Ed page, Raphael J. Sonenshein, former executive director of the city's charter reform commission, accuses rookie City Atty. Carmen Trutanich of not understanding what a city attorney is supposed to do in this town. Columnist Tim Rutten gives a highly nuanced defense of the push to reveal who is contributing to efforts in other states to put Prop. 8-style bans on gay marriage on the ballot. Musing about the Northwest Airlines flight that overshot its destination by 150 miles, Peter Garrison, a pilot and contributing editor to Flying magazine, reveals just how boring it is to fly a modern airline jet. And columnist Doyle McManus dissects the Obama administration's decision-making process on whether to send more troops to Afghanistan:

[T]he number of troops, as both McChrystal and Obama have said, is not the most important thing. More important are the answers to three questions: Will U.S. goals be limited to make them more achievable? Will Obama make it clear that this troop increase is the last one the Pentagon will get? And can the U.S. succeed in nudging Afghanistan toward a more functional, less corrupt government, without which the whole enterprise will fail?

Credit: Ted Rall / For The Times

-- Jon Healey


In defense of Joe Lieberman [*CORRECTION APPENDED]

October 27, 2009 |  5:07 pm

Joe Lieberman, health care reform, public option Sen. Joe Lieberman of Connecticut is taking a beating for saying he'd be willing to scuttle healthcare if the final plan has a public option. A Benedict Arnold, they call him, a traitor, and much, much worse. So I'd like to stick up for the senator because this, my friends, is a stand up guy.

That's right, here are rock solid principles in action. Lieberman doesn't care if most people in Connecticut want a public option. Nor does he care if most people in America want it. He doesn't care if he shoots down healthcare reform entirely and destroys the best hope for reform in decades.

And nor should he. Because a deal is a deal, people! And if the citizens of Connecticut aren't his constituents, and the people of America aren't either, that just leaves the insurance companies.

There are senators who get more from the industry -- John McCain for one, and even then-Sen. Barack Obama received quite a bit of cash support back in the day. But I like to think that Joe's relationship is special.

If he rigs the game so that all Americans have to purchase insurance but insurance companies don't have any competition, surely he will have surpassed the industry's wildest expectations. Five'll get you ten he finds a cushy landing at Aetna or Cigna or some other insurance giant when he's out of office. And if he does, then I will applaud. It would depress me if, after he sabotages the national interest, insurance companies "rescinded" his policy.

But that's just speculation.

Maybe it's not that deep. Maybe he's a power-happy idiot who just likes to see everyone squirm.

--Lisa Richardson

*Correction: A previous version of this post incorrectly said Lieberman isn't running for office again. In fact, Lieberman has said he's considering "all sorts of options" for 2012. 

Photo: Sen. Joe Lieberman (I-Conn.) acknowledges cheers before addressing delegates at the Republican National Convention in St. Paul, Minn., on Sept. 2, 2008. Credit: Genaro Molino / Los Angeles Times


In today's pages: Immigration, global warming and Afghanistan

October 27, 2009 |  1:22 pm

Toles Departing Police Chief William Bratton prods immigration culture warriors today with an op-ed explaining why the LAPD doesn't, and shouldn't, participate in the controversial 287(g) program, which gives local law enforcement officers the powers of federal immigration agents. Turning police into de facto Immigration and Customs Enforcement agents harms community policing and discourages witnesses who might be illegal immigrants from coming forward.

Also on the Op-Ed page, columnist Jonah Goldberg argues that trying to limit carbon emissions to fight global warming is a pointless waste of money because it can't solve the problem; better to invest in technological solutions and adjusting to a warmer world. And think tank scholars Leo Michel and Robert Hunter argue that U.S. allies are already doing plenty of heavy lifting as part of the NATO contingent in Afghanistan, so American officials should do less lecturing and more listening if they want more cooperation.

Speaking of Afghanistan, the Editorial page says the country can't be pacified simply by sending more troops. That has become abundantly clear in the face of increased suicide bombings in Iraq, which like Afghanistan has been slow to build a credible government.

We also send a rare love note to the California Legislature, pointing out two genuinely worthwhile bills that will help cities make better use of water, an increasingly precious resource in this dry and crowded state. And we weigh in on Operation Gatekeeper, the federal effort started in 1994 to tighten border security in a five-mile stretch from the Pacific Ocean to San Ysidro. Though the program has been successful in reducing crossings in that area, it has had an unintended consequence that must be addressed: Deaths of people trying to cross the desert farther to the east have skyrocketed.

Editorial cartoon by Tom Toles / Washington Post


Three strikes, Ms. Shriver

October 27, 2009 |  8:45 am

California's "three-strikes" law is about truly heinous crimes. But in politics, it's a serious breach of behavior and self-interest to commit a ''do as I say, not as I do'' violation.

Maria Shriver is not an elected official, but she is married to a renowned one, Gov. Arnold Schwarzenegger, and was born into an even more famous family of them, the Kennedys.

So the inevitable outcome when hubris meets hypocrisy can't have been lost on her. Why should the hoi polloi of us feel we need to obey the laws the politicians pass, if the high and mighty themselves won't observe them? It undercuts the repute of politics and the public regard for the rules and regulations we are all supposed to adhere to.

At least twice, Shriver has been photographed using her cellphone without a hands-free device -- a violation of a law her husband signed. When he made it law, he noted that if he ever caught his teenage daughter breaking it, ''she'll be taking the bus.''

After his wife was caught by a gossip site driving while chatting on a cellphone sans legally required device, Schwarzenegger promised, ''There's going to be swift action,'' and Shriver apologized. I wonder whether her daughter, the one who was threatened with the bus if she broke the law, gave her mother a piece of her mind.

But Shriver was not aboard a bus -- although a Cadillac Escalade is certainly of long and lumbering proportions -- when she was seen parking said SUV in a red zone in Santa Monica for nearly an hour. She was reportedly at a doctor's office, which I can't imagine to be official business.

Everybody screws up once in a while, sometimes in bigger ways than not. But a red zone is a big unmistakable crimson no-no that drivers learn even before they're old enough to get behind the wheel. How could she not see it? And if she did see it, what little voice told her, ''It's OK, go ahead,'' especially on the heels of her cellphone transgressions?

It's a shame that paparazzi follow her hither and yon, but one definition of morality is doing the right thing even when no one's looking, isn't it? I am pretty sure that if I'd tried to get away with the same thing, I'd have come out of my doctor's office to see my car on the way to the tow yard.

What ''swift action'' will her husband insist upon this time? Another apology will ring a bit hollow on the heels of the other one. In the meantime, maybe we should all chip in and buy her a bus pass.

-- Patt Morrison


Barney the Purple Gitmo Torturer, and other singers used to break detainees

October 26, 2009 |  7:07 pm

BarneyHey parents, your little ones may posses stronger wills than a hardened Guantanamo Bay detainee. Some of the kid-friendly entertainment consumed on a mass scale by children, including Barney the Purple Dinosaur and the Sesame Street puppets, is being used for so-called enhanced interrogation of suspected terrorists:

A coalition of mega-bands and singers outraged that music -- including theirs -- was cranked up to help break uncooperative detainees at Guantanamo Bay is joining retired military officers and liberal activists to rally support for President Barack Obama's push to shutter the Navy-run prison for terrorist suspects in Cuba.

Pearl Jam, R.E.M., and Trent Reznor of Nine Inch Nails are among the musicians who have joined the National Campaign to Close Guantanamo, which launched Tuesday.

On behalf of the campaign, the National Security Archive in Washington is filing a Freedom of Information Act request seeking classified records that detail the use of loud music as an interrogation device. ...

Based on documents that already have been made public and interviews with former detainees, the archive says the playlist featured cuts from AC/DC, Britney Spears, the Bee Gees, Marilyn Manson and many other groups. The Meow mix cat food jingle, the Barney theme song and an assortment of Sesame Street tunes also were pumped into detainee cells.

Read the whole article by AP here.

Using G-rated jingles from childhood is a curious method to break suspected terrorists, not so much because the songs are meant to sooth and entertain children than because of the feeling that this practice doesn't come across as very surprising. There seems to be a point in our lives when our toddler-years immersion in kiddie media gives way to a wholesale rebuke of this entertainment, sometimes going so far as to result in a phobia. After all, who doesn't know at least one fully grown adult who suffers from coulrophobia? (Perhaps we can just chalk that one up to the clown scenes in the TV miniseries adaptation of Stephen King's "It.")

But I'd like to know: What's on your torture playlist? What list of songs, played repeatedly at high volume, would make you cry,"Stop!"? Would Barney and Big Bird break you? Post your list of songs as a comment below.

-- Paul Thornton

Photo credit: AP


Disney's ingenious refund for Baby Einstein

October 26, 2009 |  4:49 pm

Einstein For any parents who are truly shocked and dismayed that propping their babies in front of a TV didn't result in child prodigies, the Walt Disney Company has good news: It is offering a $15.99 refund for Baby Einstein videos, up to four per customer.

The company says this is just its usual satisfaction-guaranteed sort of deal. Not exactly. The videos for this refund could have been purchased at any time and used till they wore out. Receipts not required.

The videos have been the subject of complaints and a threatened lawsuit by an advocacy group called Campaign for Commercial-Free Childhood, which contended that contrary to the company's early claims that Baby Einstein would enhance child development, watching TV is actually detrimental to children younger than 2. The campaign had more going for its argument than Baby Einstein did, with the American Academy of Pediatrics taking a dim view of the under-2 set as a TV audience and several studies to back that up. The pitch for the videos' benefits softened in the last couple of years. 

Personally, I don't think an occasional half hour here or there of watching colorful images on TV does major harm to a baby. In fact, I see the value of video babysitting. Let's face it, the pediatrics academy isn't spending the entire day with a fussy infant. Parents need a break now and then, and if Baby Einstein keep Mom and Dad from totally losing it, I'll chalk that up as helpful to a child's development, though human interaction, play and an occasional really good burp probably do more for an infant's well-being. If anyone believed Disney had cued into a magic, painless way to create babies guaranteed to test into the Gifted and Talented Education program by third grade, their children's bigger problem wasn't in how many videos they watched, it was in their parents' DNA.

Photo credit: Justin Sullivan / Getty Images

--Karin Klein




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