A loud clap of thunder sent half the office to the windows about 20 minutes ago, and prompted cries of “Save now!” That got me thinking. In theory, we’re supposed to have e-voting in today’s election. Are the voting machines on UPSes? If the polling place loses power, is there any kind of backup to (a) let people vote during the blackout, and (b) make sure none of the already-collected votes are lost?

Assuming the polling place does have power when I get there, I’ll have to ask.

Round 1: A judge rules that the FTC does not have the authority to enforce the Do-Not-Call list, so Congress (who has the power to give the FTC that authority) passes a law explicitly granting it to the FTC. So far so good. Checks and balances are working as they’re supposed to.

Round 2: Another judge rules that the list is unconstitutional because it discriminates against commercial calls. Never mind that that traditionally, commercial speech does not have the same protections as personal, political, and other forms of speech. (Consider truth-in-advertising laws.)

The way I see it, there are two obvious solutions: Either appeal the ruling (which is inevitable) or comply with it by removing the loopholes for charities and political campaigns. Which would probably get them in more first amendment trouble.

So today, the FCC has said they will enforce the list right on schedule. OK, it’s something I wouldn’t have thought of… mainly because it doesn’t seem like it would solve the problem.

Now, I hate getting calls from telemarketers, but I just don’t see how shuffling the list to another agency resolves the problem of constitutionality. I’ve only skimmed the ruling [previously available from the court’s website] (it’s 34 pages and I’m at work, it’s not as if I can read the whole thing right now!), but it seems pretty clear on the point that (as the judge sees it) it’s the federal government that can’t enforce the list in its present form, not the FTC specifically.

1. You can disagree with or dislike people in your government, from your city council up through the President, and still love your country. (Conservatives disliked the President for 8 years; denying that privilege to the rest of us is hypocrisy at best.)

2. You can oppose war – or a particular war – without being anti-American. Speaking out against your nation’s policies and actions is not treason, it is necessary for a free society. If no one disagrees with the official policy, and that policy turns out to be a mistake – say, slavery, for instance – the mistake will never be corrected.

3. No, being a movie star does not make you an expert on politics. Neither does being a country singer. But neither job makes your opinion matter any less than anyone else’s.

4. America is not and should not be a theocracy. Freedom of religion does not exist without freedom from religion. If you are free to attend a Lutheran service only if you also attend a Catholic mass, you don’t have freedom of religion. If you can practice Christianity at home but your children are expected to recite Allah Akbar daily in school, you don’t have freedom of religion. This doesn’t mean that you can’t pray the way you want to. It does mean you cannot coerce me into praying the way you want me to.

5. Remember, the first amendment is there to protect unpopular speech. The popular speech doesn’t need protecting. And not everyone is offended by the same things.

6. The right to speak freely does not compel others to listen. You always have the right to turn the radio to another station, hang up the phone, or walk away. If I don’t want you to call or email me, I have the right to block you, and as long as the choice is mine, there is no reason I can’t let someone else handle the administrative details – whether it’s a restraining order against a stalker, a spam blacklist, or a do-not-call list.

….because right now, they’re more fun than handmaidens. This took place in the car on the way home today.

Kelson: “I’ve heard 193, 195, and 196. Where’d those numbers come from?”
Katie: “Two minutes, five minutes, and ten minutes later.”
Kelson: “I mean, the deadline was Saturday!”
Katie: “‘Uh-oh, it was stuck to somebody else’s. ….It was stapled to the chicken.'”
Kelson: (smirking) “Peer pressure.”
Katie: “So we have one stapled to the chicken, one peer pressure, and two stuck to other people’s. So who turned in the chicken?”
Kelson: (laughter)
Katie: “I know, it was filling out the forms as it went.”
Kelson: “No wonder they’re so hard to read!”

…..kind of like my notes on this conversation…..