Mirror of Justice

The Tryanny of Experts (part Ii) – Experts and Civil Society

July 18th, 2009 at 02:54am Under Civil Rights Law

Experts are valuable, necessary contributors to our diverse and specialized society. But they cannot and should not be used to constitute or replace civil society. Indeed, the idea that anyone can claim to be a civil society expert is troubling. Civil society needs to be composed of a broad and diverse array of people throughout our societies. The internet offers us an opportunity to radically expand civil society, to debate all of the ideas and ideologies that shape the world, and to publish our speech around the world. We cannot abandon this field to experts, particularly not the much vaunted experts of civil society.

What is an expert? Experts and expertise are usually recognized through degrees earned, publications, experience and notoriety. There are good reasons for each of these things. But each of them can also be troubling. If degrees and titles make experts, then we need to carefully, critically examine the curriculum, the quality, and the ideological biases of our degree offering institutions. If publications make experts, we need to be aware of the obscurity or audience of journals and the public and private funding sources for research. Experience is very valuable; but there are plenty of rich political donors who have become consular officials without a shred of expertise. Notoriety is the most troublesome of the signs and symbols of expertise. Famous experts are often assumed to be better experts – false. Famous people and celebrities often mistake themselves for experts and think we ought to care what their expert pronouncements are – really false! In addition, experts tend to congregate together and pat each other on the backs by awarding one another fellowships, grants, distinctions and prizes. The Ivy League is the country club of expertise. The longer you hang around, the more your expertise will be burnished, brightened and expanded by all of your expert pals who slap you on the back. Finally, success begets success. People who gain degrees, earn awards, grants and fellowships will earn more of them. If you have not broken into this club by the first year of graduate school, you are unlikely to join it later. Civil Society Experts

A wide array of civil society experts are called in to analyze, explain and advocate prominent policy issues. From the scientist and the statistician, to the economist and the literature professor, to the historian and the constitutional lawyer, to the retired general and the retired ambassador; there is no shortage of experts to tell us how to think and act and vote in this complicated world of ours. Now we even have technocrats – those elite experts who blend modern technological training with state power to produce utopia in developing nations like China and Chile, well, eventually maybe. Then there are the experts who are not experts. Politicians and rich people, reporters and pollsters get tired of having to ask the experts or hire the experts or hunt around for someone with an advanced degree to advocate their position. So they step up to the mike themselves and are transformed into pundits. But in the end, none of these civil society experts provide us with civil society, or solutions to the problems we must work together to solve.

In the last generation we have seen the rise of a new expert – the technocrat. This is the ultimate melding of expertise with power. Now instead of simply elevating the powerful to power, we elevate (powerful) experts to power. Hey, I love meritocracy. But let us not confuse engineering, business or science degrees with the ability to lead nations and states. Scientists, engineers and CEOs are no better or worse than anyone else at voting with principle, debating important issues, or leading communities.

Perhaps most prominent among civil society experts are scientists and statisticians. Statistics is an important tool for making valid conclusions based on small data sets. But statistics is also undoubtedly the most commonly misused tool for lying in politics, the media and civil society. Next, scientists are specialized professionals who master specific tools and methods for investigating specific, narrow questions. They arrive at provisional, evidence-based answers to those questions. They do not claim to discern truth, morality, wisdom or sound public policy. If you hear a scientist claiming any of these latter findings, then you are listening to a person, who happens to hold a PhD, who also holds an opinion that may or may not be informed, effective, wise or true. Scientists and scientific research are also very expensive, and so they are paid by someone or other. The sources of funding do not determine scientific results, but they can reflect policy analysis and advocacy.

Social scientists form a lower tier of civil society experts. These can include – Political scientists: who analyze politics and may try to tell you how to vote. Economists: who analyze the economy and may try to predict the future (with predictable results). Sociologists: who may or may not perform experiments on small groups of people, then tell you what is wrong with your society and what to do about it. Historians: who analyze the past then complain that you do not know about your past and that everything you think you know about the past is wrong. Anthropologists: who used to study remote cultures and now study ritual in any culture and will tell you how your culture is oppressing some other culture. And so forth. In related fields, literary and cultural critics abound in English, foreign language, and comparative literature departments. Scholars of literature and the arts consider themselves the primary experts on culture, mediators of high culture, and interpreters of all discourse, rhetoric and cultural expression. As a historian myself, I love social scientists and scholars of the humanities. They are often passionately devoted to civil society. But that does not make them experts on civil society.

Lawyers, constitutional lawyers, and law school professors form another common array of civil society experts. These people are trained to think critically, to read and write carefully, and to debate with acumen and rhetorical skill. Lawyers are legal experts, and so if you have legal problems, they come highly recommended. But in other circumstances the society of lawyers tends to make communication incomprehensible, extremely expensive, combative, and fraught with hidden landmines (read any small print lately?). The central problem with trusting a lawyer-expert is that you can find a lawyer who will argue any position. They may believe passionately in it, or they may simply believe in the virtue of arguing for their client. In short, lawyers are useful people to pay to support your position; but that does not make them civil society experts.

Finally, former government officials and diplomats are ubiquitous civil society experts. Former domestic or foreign policy advisors-now pundits, former generals and military officers-now private contractors or military advisors, former ambassadors-now think tank fellows, former congressmen-now lobbyists, former spies-now novelists, former bureaucrats-now whistleblowers. These people may or may not have done effective service for their governments in the past. They may indeed have garnered very useful experience. But you may be sure that these particular civil society experts certainly cultivated well placed friends, political favors, and public notoriety. Listen to such experts with care. Experts who aren’t

There are a variety of people who by virtue of their professions or positions voice their opinions and ideas with great authority – as if they should be listen to, believed and followed. Many of these experts are not experts at all.

First, politicians – Politicians are experts of campaigns and fund raising. They may be statesmen or stateswomen; they may be wise or principled; they may be experienced or expert in some field; but they are not necessarily any of these things. Generally, politicians (as politicians) are not experts. Elected government officials deserve respect on two levels. First, they have succeeded at communicating their ideas, marshalling personal and monetary support, and managing a campaign in order to attract democratic votes. This is a real achievement; but it does not make them a civil society expert. Second, successful politicians eventually accrue a great deal of experience in the halls of government. This is a mixed blessing in that these politicians have opportunities to contribute toward functioning governance and to help solve societal problems; but they just as frequently take those opportunities to perform bad governance, to fail to solve societal problems, and occasionally to become part of the problem. Few politicians are experts.

Rich people and celebrities – wealth, power and notoriety do not grant expertise. Celebrities are almost never experts and should not speak any louder than anyone else. Rich people are able to buy and broadcast louder speech, but it does not make them experts. (And then there is the stray expert who somehow gains celebrity. Expert-cum-celebrities sometimes deserve their notoriety. Some of them have gained celebrity through a lifetime of achievement crowned with high awards – Nobel Prizes, medals, honors, etc. These people mark an exception to the celebrity rule, but their celebrity is usually fleeting. How many Nobel Prize winners for the sciences can you name?)

Reporters and pundits – the press has become increasingly openly ideological. As the media has opened its ideological content, journalists, columnists, news analysts and pundits of all kinds have proliferated and expressed their opinions in ever increasing volume. Reporters and pundits are often widely informed by virtue of their interviews and reportage; they are also often very good rhetoriticians. Personally, I believe that open, honest, ideological expression by the press is much better than veiled or even unconscious bias contained in misleading headlines or buried ledes. But being published in print or being broadcast on cable does not make anyone an expert.

Pollsters – the ultimate non-experts. These are people who are paid to ask a representative sample of regular people what they think, then to use statistics and their analytical powers to discern what everyone thinks. Well, polls can be interesting; they might even in some cases be beneficial to policy makers or civil society. But how any of this makes pollsters experts is beyond me. Nevertheless, pollsters have become increasingly common media experts who provide journalists and pundits with a window into the mind of the common woman on the street. Where is the expert here? Wizard of Oz, we see you behind your curtain!

Finally, there is the all too common spectacle of the expert parading in public who establishes their credibility by lambasting their field of expertise – the expert insider critic or expert whistleblower. Have you seen the accredited psychologist who attacks the field of therapy or psychoanalysis right before lathering their audiences with a thick layer of relationship advice? What of the conservative scholar (tenured) who bravely eviscerates academia from within? Or the anti-medicine MD? How about the government civil servant whose civil rights (and political views) were so trampled that he had to give hundreds of media interviews to show how reactionary the government is? We could multiply examples. These experts are remarkable because they attack the root of their expertise, while all the time utilizing the same expertise to convince us we ought to trust and listen to them. Most remarkably, the slickest exploiters of the expert-insider-critic shtick actually manage to make us trust them more than other experts, even as they savage the root of their expertise. Your Civil Society

One of the major critiques of new media on the Internet is that it accumulates much noise and little substance – too much riff raff and too few experts. Wouldn’t it be better to gather quietly at the feet of wise experts, rather than sift through all of the shouting, competing voices in new media echo chambers? Oh, I have heard elderly reporters wax lyrical as they recalled the days when everyone listened to Cronkite and read the New York Times, because back then we knew that was the way it was. This common, elite meme argues that we actually need fewer media broadcasters, fewer experts, fewer points of view, and a lot fewer people speaking. But to the contrary, our civil society needs more people to be more engaged, to speak more openly, to broadcast their voices further, to test and debate more ideas, new ideas.

If Ideology Forum is to succeed in helping strengthen our civil society, together we need to enable a very wide range of people to thoughtfully engage one another about as many ideas and principles and movements and causes as possible. Doubtless, some will criticize saying that regular people – common internet users – lack the expertise to make newsworthy, publishable, original contributions to the big issues and debates that shape our world. In other words, ‘Shut up and listen to the columnists, pundits, politicians, professors, scientists – the experts.’ But civil society must be broad and inclusive; it ought to be active and democratic; the Internet makes that increasingly possible; and Ideology Forum strives to make that civil society real. We need more people to throw off the tyranny of experts and speak.

Media Piracy and Law Enforcement

July 14th, 2009 at 08:55am Under Computer Law

Once upon a time, music played for free on the radio. And you could record a cassette if you wanted to, and you could listen to it as many times as you wanted to, and nobody thought you were a pirate if you shared it with your friends. In fact, this was seen as a way for new bands to break into the market; quite frequently receiving a mix tape would be motivation to buy the album of the band whose song was included.
What little concern there was over music piracy was restricted to “bootleg” tapes made at concerts. Even one of the most outspokenly liberal musicians ever, Frank Zappa, vented in vain at bootleg tapes of his music. He went so far as to include the tape of an interview expressing his anger with this practice at the beginning of his “As An Am” album, part of his “Beat the Boots” project. But even at its most vampiric, the bootleg recording industry was hardly able to suck off more than a single-digit percentage of profits.
But then the Internet happened. And suddenly, through it, the sharing of a home-made recording suddenly became something you could provide to thousands of people instead of one or two friends. Where even the recording of several purchased CDs onto cassette tape was only moderately a big deal before, now it is a major industry.
The media piracy issue is one of the most vitriolic hot-button issues in today’s Internet culture. The major factors being:
* The RIAA. The Recording Industry Association of America may live on in history as being one of the most ineffective measures of copyright protection the world has ever seen. Its methods have been draconian, never once catching a pirate, but relentlessly pursuing everyone from soccer moms to grandmothers to even dead people with a lawsuit for receiving a pirated tune, which in and of itself is not even a crime. Funded by the not-particularly successful record labels and armed with a battalion of lawyers, the RIAA’s practices have so far been futile at stopping piracy and harassing of legitamate users.
* Sony – became the laughing stock of 2006 with the Rootkit Fiasco. Sony included a malicious program on several music CDs, which installed a computer program called a “rootkit” on any computer you stuck them into, for the purposes of preventing unauthorized copying. The attempt backfired two ways: not only did it do nothing to prevent copying, but it crippled the software on the computer by compromising its security layer; any hacker looking to break into a computer need only look for the rootkit and they were in! Sony faced consumer lawsuits for this attempt and had to distribute an uninstaller for the rootkit, which itself was another botch in that it introduced more security holes into the system after patching its own rootkit. Sony lost millions of customers with this fiasco, many of whom swore publicly that they would never trust Sony again.
* The DMCA. The Digital Millennium Copyright Act is the United States copyright law which both criminalizes production and dissemination of technology, devices, or services that are used to circumvent measures that control access to copyrighted works and criminalizes the act of circumventing an access control, even when there is no infringement of copyright itself. This law has since endured no end to controversy, and is in the process of being reformed. The DMCA is said to be anti-competitive; because it gives copyright holders and the technology companies (including the ones convicted of monopolistic practices under anti-trust laws) that distribute their content the legal power to create closed technology platforms and exclude competitors from inter-operating with them. Once again, DRM technologies are clumsy and ineffective; they inconvenience legitimate users but do nothing to stop pirates.
The whole problem with copyright protection stems from the haziness of defining at what point someone has broken the law. Say I bought an album on tape cassette, brought it home, and played it on my stereo so that my whole family can hear it. I’m not a pirate yet. I upgraded my stereo to a new model and copied that album to a compact disk so that my new stereo can play it. Obviously, I haven’t stolen anything here, but now I might be breaking a law intended to stop me from copying it for piracy purposes. If I play it so my whole family can hear it in the living room, that should be no different from if I made a separate CD copy for each member of my family so they can all listen to it in their bedrooms with their headphones on. Am I a pirate now?
The further problem is that digital protections against copyright are platform and player-specific. There has been a whole quagmire of different devices such as the Apple iPod, Microsoft Zune, handheld game consoles, cell phones, and other devices capable of recording, storing, and playing back music. These features are sold to us as benefits of the device, and yet when we get them home we find that we have to pay for the song some six times to be able to listen to it on each device – if indeed (as is seldom the case) the song has even been ported to that platform! Subscribing to a DRM-protected device further restricts the user’s freedom to switch to a different device – you’re locked in, and would be breaking the law if you moved the media from one device to another – even if you, yourself, wrote and recorded that song at home!
The turmoil over media piracy isn’t likely to end any time soon. Fortunately, the legal system has so far left the enforcement of copyright concerns to private industry, which isn’t doing such a hot job of enforcing copyright anyway. Consider that any country in the world can host any media pirate and in fact several countries do just that, with no laws to stop them. Pirated media is very big business in some countries, not because they want to steal, but simply because they want that media to play on their own independently produced digital devices. Remember when you could just buy a record and drop it on any record player and it would just play?

La Quinta Business Lawyer’s Top Ten Things That Sarah Palin Would Change About the Constitution

July 13th, 2009 at 02:57am Under Constitutional Law

Here is La Quinta Business Lawyer Sebastian Gibson’s Top Ten:

1.The Vice President is in charge of the Senate.

 

2. The President must be a woman.

 

3. No more interviews of politicians.

 

4. The democratic party is outlawed.

 

5. Only one news channel – Fox News.

 

6. Any more fake calls from disc jockeys pretending to be the President of France and Canada is out of NAFTA, whatever those initials stand for in the constitution.

 

7. All turkeys are pardoned.

 

8. Snowmobiles should be used in place of cars throughout the U.S.

 

9. Anytime a woman is elected governor in Alaska, she automatically becomes the President two years later.

 

10. Rewrite the whole darn constitution with PTA moms in charge this time.

 

Now here is everything (well, almost everything) you need to know in businessabout environmental, international law, election and campaign law, consumer law, class actions, constitutional, internet, publishing, advertising, media, food and wine, hotel and restaurant law, estate planning, wills, trusts, water law, agricultural, insurance law, bad faith, psychologist and psychotherapist defense, education law and child accidents.

You can also find all you need to know (well, mostly) in business about personal injury, car accidents, brain damage, wrongful deaths, business, real estate, landlord-tenant, homeowners association law, construction, patents, trademarks, corporations, entertainment law, advertising, copyrights, and litigation by searching for those subjects and adding the words La Quinta business lawyer or La Quinta business attorney to your search terms and looking for other articles by Sebastian Gibson.

 

You can also learn more about any of these business areas of law and how we can assist you as La Quinta business attorneys, or as lawyers in any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com  .

 

1. Environmental and Toxic Tort Law in La Quinta – With multi-billion dollar energy companies spending more money to confuse the public on the threat posed by global warming than on research into alternative forms of energy, it will take all of us to sort fact from fiction and solve the growing problem of global warming. An additional danger to all of us comes from exposure to toxic materials in our daily lives from tainted food, to contaminated ground water, to dangerous viruses in the public and in hospitals to lead and mercury poisoning. If you experience unusual symptoms that a doctor can’t explain, you may have been exposed to a toxic substance and have a toxic tort claim that should be evaluated by us or another qualified La Quinta environmental attorney.

 

2. La Quinta International, Shipping and Maritime Law – A La Quinta international attorney with years of international legal education and experience such as you’ll find at our La Quinta law firm, can provide you with a wealth of practical knowledge and the ability to find answers to your international law questions. It is to your advantage to also have a La Quinta international lawyer working in cooperation with foreign counsel in other jurisdictions to ensure that the most cost-effective avenues are pursued to resolve your legal matter. However, many international matters can be resolved with letters between La Quinta international lawyers and foreign lawyers, and international mediations and arbitrations can also be utilized. If you have been injured on a ship or an oil rig you have rights under the Jones Act to be compensated for your injuries, medical treatment, past and future wage loss and care.

 

3. La Quinta Election and Campaign Finance Law – If you are considering running for political office or have already done so and are facing campaign finance legal issues, the time to hire a La Quinta election attorney with election law knowledge is at the first possible opportunity before you get into hot water that can sink your campaign or put your political career into jeopardy.

 

4. La Quinta Consumer Law and Class Actions – If you have paid for an item but have not received it, been promised an action or service that has not come to fruition or are considering ordering services or signing any type of agreement, the time to hire a La Quinta consumer lawyer is immediately in order to avoid being scammed, or defrauded. A La Quinta consumer attorney’s letter drafted forcefully but professionally will obtain the desired result, products or services in a good percentage of cases. Whether you ordered gold bars but did not receive them, were told that your car would be paid off when you traded it in on a new one or were promised that a pool would be completed in your back yard, a La Quinta consumer attorney can and should be hired for a modest fee to write a letter on your behalf and demand the required action, products or services. If you think you are just one of many who have been scammed or defrauded in some way, you may have a class action.

 

5. Constitutional, Publishing and Publicity and Privacy Rights, Internet Law, Advertising and Media Law in La Quinta – Defamation includes both libel and slander. Anyone in the media or publishing or broadcast world or with a web site is at risk of a lawsuit for claims of defamation or false advertising However, constitutional law questions also arise in civil rights discrimination cases, discrimination in employment and a wide variety of other legal matters. If you have been disenfranchised or your constitutional rights abused in any matter or if you have been accused of abusing the rights of others, contact a La Quinta constitutional lawyer as soon as it occurs. If others seek to profit with the use of your name or image you also have a claim for damages.

 

6. Food and Wine Law, Hotel and Restaurant Law in La Quinta – Today, hotels, restaurants, nightclubs, bars and grocery stores face an ever increasing host of new regulations they never faced previously. From the usual licensing problems they face with the Department of Alcoholic Beverage Control for adherence to and violations of ABC rules, to new state regulations involving menus and calorie counts in fast food restaurants and new rules requiring groceries to show the country of origin in labels on most of their produce and meat. The worst case scenario today for an establishment serving alcohol, is to serve a minor alcohol who later dies in an auto accident. Such an establishment will need legal representation by a La Quinta food, alcohol and restaurant lawyer before the ABC as well as legal defense of civil lawsuits filed against it.

 

7. La Quinta Estate Planning, Wills and Trusts – The current estate tax in 2008 affects only people who die with an estate in excess of two million dollars. In 2009, that amount will increase to three and a half million dollars and in 2010, the estate tax is repealed. That’s the good news. If, however, the estate tax repeal is not extended by 2011, the estate tax will kick in again. The worse news is that in 2011, if the estate tax repeal is not extended, the estate tax will kick in at one million dollars. The current federal estate tax rate is a whopping 47 percent. That stays the same in 2009. But other current provisions in the tax code change or end in 2010. In light of this, it is more important than ever to hire a La Quinta estate planning lawyer to draft your will and evaluate the need for a living trust to avoid probate fees ensure your estate goes to the beneficiaries you want it to go to. If you don’t have a will or trust at death, the state will determine who gets your estate, but it will usually be your spouse and children, of if you have none, your closest relatives.

 

8. Water, Agricultural and Natural Resource Law in La Quinta – It is hoped by American farmers and meat producers that the new Country of Origin Labeling Law taking effect in groceries will cause food shoppers to seek meat and produce from the U.S. over food items from other countries. But it is the water shortage in California that has California farmers faced with dire consequences. In 2008, the California Governor formed a Water Bank to stave off mandatory water rationing, but if California has another dry winter, or more fires that draw upon California’s precious water reserves, or if the state legislature does not address the state’s delta environmental problems and expand the state’s water works, with a bill that has been tied up while the legislators haggled over a budget, rationing across the state could become a reality. If you have a water or agricultural issue, the time to call a La Quinta agricultural lawyer with knowledge in this areas is before the issue becomes critical.

 

9. Insurance Law, Bad Faith, Psychologist, Psychiatrist and Psychotherapist Defense in La Quinta – As insurance companies feel the pain of the stock market crash and face the reality of the value of their own investments decreasing, we expect to see insurance companies delaying settlements, and flirting with violations of the insurance bad faith statutes. As the public becomes more and more depressed with the sinking stock market, loss of jobs, reduced income and less enjoyment out of life, we also see the likelihood of greater use of psychiatrists, psychologists and psychotherapists. When claims are made against these professionals without justification, our La Quinta law firm stands ready to defend them

 

10. La Quinta Education Law and Child Accidents – A recent court ruling in California has given temporary relief to parents homeschooling their children. However, we still expect further court rulings to make guidelines that will govern when or under what circumstances homeschooling of children will be permitted in California. Children, as any parent knows, can be injured any time, anywhere. What should not happen is any injury to a child that is the result of the negligence of another. To that end, our La Quinta personal injury lawyers championed protection for children and convinced at least one court and encouraged other personal injury attorneys to do the same, to uphold a new tort for negligent endangerment of a child.

 

If you have a legal matter in La Quinta, Palm Springs, Palm Desert, Coachella, Rancho Mirage, Indio, Indian Wells, Cathedral City, Desert Hot Springs, Thermal, Yucca Valley, Joshua Tree, Twentynine Palms or anywhere in the Coachella Valley, our La Quinta law firm has the knowledge and resources to be your La Quinta Lawyers and your La Quinta Attorneys. Be sure to hire a Coachella Valley law firm with experience in Personal Injury, Car Accidents, Drownings, Brain Damage, Catastrophic Injuries, Wrongful Death, Business, Real Estate and Landlord Tenant Law, Homeowner Association Law, Construction, Trademarks, Patents, Corporations, Entertainment, Sports Law, Marketing, Advertising, Media, and Copyright Law, and who will endeavor to ensure that your rights are properly represented.

 

Additionally, if you have a legal matter which involves Environmental and Toxic Tort Law, Litigation, International, Shipping and Maritime Law, Employment, Election and Campaign Finance Law, Consumer Law and Class Actions, Constitutional, Publishing, Publicity, Privacy Rights, Internet Law, Advertising and Media Law, Food and Wine Law, Hotel and Restaurant Law, Estate Planning, Wills and Trusts, Water, Agricultural and Natural Resource Law, Insurance Law, Bad Faith and Psychiatrist and Psychotherapist Defense, Education Law or a Child Accident in La Quinta or anywhere in Southern California, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com  and learn how a La Quinta attorney from our offices can assist you.

San Diego California Publishing Attorney Talks About Publishing, Elections, the Media, and Constitutional Law

July 9th, 2009 at 08:56pm Under Constitutional Law

No matter where you live, whether it is in San Diego, Orange County, Los Angeles, La Jolla, Del Mar, Pacific Beach, Carlsbad, Oceanside, San Marcos, Mission Beach and Escondido or the cities of Huntington Beach, Anaheim Hills, Yorba Linda, Buena Park, Anaheim, Santa Ana, Irvine, Costa Mesa, Irvine, Newport Beach, Corona del Mar, Laguna Beach, and Laguna Hills, Buena Park, Temecula, Indian Wells, La Quinta, or Palm Springs, unless you haven’t turned on the television or read a newspaper during the 2008 Presidential election, or looked at the internet, you have seen claims by the Republican campaign that the publishing media is biased.

Attacking the media has long been a tactic of national candidates. In this election, once again, we have seen this tactic employed, yet with little of the success it enjoyed in previous Presidential campaigns.  As an election and  constituitonal lawyer, one can only applaud this lack of success in the use of this tactic in this election.

For the most part in this Presidential campaign, one candidate has been leveling these attacks on the press with regularity and with increasing anger, John McCain. While newspapers expect this to some extent, the public that is not wedded to one side of the fence or the other appears to be tiring of the attacks.

Recently, John McCain denounced the New York times in the strongest words, following a Times report that McCain’s campaign manager, Rick Davis, had been pain nearly $2 million by mortgage entities Fannie Mae and Freddie Mac. McCain’s chief strategist, Steve Schmidt said the New York Times is no longer a journalistic organization but is 150 percent in the tank for Barack Obama. Schmidt earlier attacked MSNBC as being an organ of the Democratic National Committee, and said the news media are on a mission to destroy Sarah Palin.

Unfortunately for John McCain, it has since been reported in the press that McCain’s campaign manager’s lobbying firm owned by his campaign manager has received $15,000/month for nearly three years and that and that the campaign manager was paid $30,000/month for nearly five years by an advocacy organization that he headed and which was financed by Fannie Mae and Freddie Mac to fight regulation. It has further been reported that McCain’s senior advisor, his campaign’s vice chairman, and his Congressional liaison, also made large sums of money from Fannie and Freddie lobbying or were in firms that did.

In an apparent attempt to deflect attention away from his mistaken attack on the New York Times story, McCain then announced he was suspending his campaign to immediately fly to Washington after awaking that morning to find a report in the Washington Post that he was behind in the polls by nine points. Soon after attempting to criticize that finding, and knowing what the disaster Sarah Palin’s interview with Katie Couric would be aired that night, McCain chose to dump his appearance on the David Letterman show, upstage the Couric interview with his own interview on the CBS News, and announce the suspension of his campaign that was in reality, never a suspension.

In hindsight of course, McCain’s actions were a huge error in judgment. His dilly-dallying around New York after ditching Letterman were picked up on and hammered at him unmercifully for two nights on the David Letterman show and later on the Daily Show, other news shows, on the internet and in the press. By the time he arrived the next day in Washington, it had already been announced that there was bipartisan support for the bailout bill, that just as quickly dissipated upon his arrival. It was reported that his campaign had not been suspended and Letterman, among others joked at his expense why he must have felt he could not leave his campaign in the hands of Sarah Palin, when she was seen incapable of answering simple questions put to her by Katie Couric. And after announcing he would not take part in the debate until there was either a bailout bill or great progress toward one, he had to fly back from Washington for the debate with no bailout bill in hand and Congress much less united than when he had arrived.

In the past, attacking the press has proved fruitful for Presidential candidates. This time the attack is falling on deaf ears and has either been the exception to the rule that it will help a candidate, or there is a change taking place in what a candidate risks if he is wrong.  As an election, campaign, publishing, marketing, media and constitutional law attorney, one can only conclude that negative attacks by the candidates are not working as they used to, whether it is against the media or against the other candidate.  The public has become weary of such tactics and it is showing in the polls.

Visit the Sebastian Gibson Law website at http://www.SebastianGibsonLaw.com . If you have a publishing, literary, first amendment, media, marketing or constitutional law issue, come to an experienced law firm who can represent you as your California Publishing Lawyer, your San Diego Constitutional Attorney and your attorney throughout Southern California. We have the resources and knowledge to represent you from San Diego to Orange County, from Huntington Beach and Newport Beach to Long Beach, Santa Monica, Ventura, Santa Barbara and San Luis Obispo. We also represent clients inland from Anaheim to Temecula, from Rancho Cucamonga to Palm Springs and Indian Wells.