Filterworld Is a Confused Critique of Algorithms


The book cover for Filterworld, with a yellow cookie cutter in the shape of a generic person. | Illustration: Lex Villena. Source image: Doubleday

Kyle Chayka’s Filterworld: How Algorithms Flattened Culture is engaging, refined, and well-composed. My only objections pertain to its startlingly flimsy thesis, its parodically bleak tone, and nearly every argument it makes.

Chayka’s theory is that, on an internet now dominated by algorithmic recommendations, culture has become insipid, generic, and “marked by a pervasive sense of sameness.” He outlines this thesis with the style and erudition you would expect from a staff writer for The New Yorker (which he is). His extended lament is peppered with witty insights, leavened with arresting similes, and garnished with learned citations to such works as Jun’ichirō Tanizaki’s In Praise of Shadows and Marcel Proust’s In Search of Lost Time.

He is not always wrong. Who among us has never caught himself puzzling over how to phrase or time social media posts, deploying superstitious tricks—bobbing and weaving like one of B.F. Skinner’s pigeons—in an effort to spur engagement? Which of us has never felt a little guilty about too doggedly chasing likes and clicks? Chayka urges us to spot and resist these bad habits. He wisely recommends owning physical copies of one’s favorite films, books, or records rather than relying on streamers or the cloud. He is not alone in suspecting that a certain monotony—a cultural indistinguishability, decade upon decade—set in around the turn of the millennium.

That said, it’s a leap to assert that mere algorithmic sorting, as opposed to some deeper ideological malaise or spiritual funk, could be to blame for such an epochal shift. There this book’s problems begin.

Chayka habitually overstates his case. (“Filterworld” can be “feudal,” “dictatorial,” “fascistic”….”The bombardment of recommendations can induce a kind of hypnosis that makes listening to, watching, or buying a product all but inevitable.”…”The algorithm always wins” [emphasis Chayka’s].) His grievances tend to be farcically trivial. (“Sure, the shows are enjoyable—so enjoyable that I can’t stop watching them. But I can’t name many Netflix-produced shows that have stuck with me.”) His moaning and groaning tell us more about him and his etiolated constitution than about the state of technology and culture. (“Filterworld and its slick sameness can produce a breathtaking, near-debilitating sense of anxiety.”…”In Filterworld, making art without the goal of it being consumed is almost unimaginable.”…”The endless array of options presented by algorithmic feeds often instills a sense of meaningless.”)

Life’s purpose, Filterworld suggests, is to find and like just the right mix of novels, shows, songs, and paintings. Your unique artistic judgment is the uttermost reflection of your true and authentic self. Everyone must aspire to have seen the band play before they were cool. Chayka takes it for granted that you’re afraid of becoming “too concerned with popular taste”—of inadvertently “insulating yourself from having a more inspiring, personal encounter with culture.” He thinks it’s a disaster if the consumption of art is made too easy and too pleasing, and he thinks algorithmic recommendations have transformed us from vivid individuals “exercis[ing] our distinctly cultivated tastes” into “hapless victim[s]” being “fed culture like foie-gras ducks.”

Chayka has a lot to say about “buried assumptions,” “bias,” “inherent privilege,” and the will of “dominant groups,” which is curious, since his book is a manifesto of blind cultural imperialism. We must all view and appreciate art that’s “confrontational,” “alienating,” “mind altering,” and “boundary-breaking.” We must tirelessly “interrogate” our “preferences.” We must eschew the “convenience” of “unbounded feeds” and embrace “the deep, responsible curation of a library or museum.” And we should gather in bohemian cliques, where “there’s the friend who always knows the right wine to bring to dinner, the friend tuned in to the most relevant fashion brands, or the friend who recommends television shows worth watching.” Apparently, algorithmic tyranny must give way to hipster hegemony.

Even by the standards of the twitchy, self-abasing hipster class—the only people whose thoughts and desires he reliably channels when he says “we” or “our”—Chayka is a champion faultfinder. He is upset when taste is shaped from the top down, and he is upset when it emerges from the bottom up. He objects when artists cater to the stuffy norms of aesthetic gatekeepers, and he objects when they conform to the base whims of algorithmic rankings. He gripes about how algorithms promote conformity, and he gripes about how they surface extremes. He deplores both the demise of a shared “monoculture” and the rise of a new “cultural homogeneity.”

Stripped of its impressive compositional finish, Filterworld is an ordinary screed against capitalism, consumerism, and (above all) mass culture. This book is Super Size Me for intellectuals. It’s No Logo for millennials. It’s a “Kill Your Television” bumper sticker but with nods to Polish sociologists, Korean poets, and Indian literary theorists for clout. In 1990, David Foster Wallace noted The New York Times‘s “bitter critical derision for TV,” its “weary contempt for television as a creative product and cultural force,” its stream of articles “about how TV’s become this despicable instrument of cultural decay.” All Chayka has done is update the bête noire. In his rush to indict formulaic culture, he has composed a formulaic polemic.

At his worst, Chayka sounds like ChatGPT’s take on a brunch conversation in Berkeley. He could star in a Portlandia sketch: “I was used to performing a specific set of clicks to access the music I like—in this instance, a 1961 jazz album by Yusef Lateef called Eastern Sounds.” (Credit where it’s due: I pulled this album up on YouTube, and it’s awesome. Thanks for the recommendation, Kyle.)

The whole schtick is awfully silly, given that so much of the book involves Chayka enjoying the bounties of free trade, free markets, and Western pop culture. He travels to Lisbon, Portugal; Seville, Spain; Paris; Reykjavík, Iceland; and Tokyo—and cavils at the insufficient distinctness of his experiences. He criticizes Airbnb for “creat[ing] the expectation” of “immediate, frictionless movement.” He trashes Game of Thrones‘ ending without pausing to consider why prestige television exists in the first place or why he has the time to watch it. He rifles through songs on Spotify, grumbling all the while that the abundance of options “discourages” him from sitting with an album long enough to appreciate it. (The platform can generate sudden success for an obscure track by an obscure band—but the lucky song, Chayka protests, might not “represent” what the group “was trying to achieve creatively.”)

If algorithmic recommendations really “flatten” culture, this book isn’t about to make the case. Chayka makes lazy, sweeping claims about algorithms and addiction, algorithms and polarization, algorithms and filter bubbles. He proceeds by anecdote: A teen’s suicide proves that algorithms harm children; the author’s happy childhood memories show the value of slow internet speeds. Chayka muses and meanders. He weaves just-so stories, jamming disparate facts into clever, pretty narratives. Through it all, vanishingly little evidence is set forth.

For any attentive reader, the question “compared to what?” arises constantly. Are we taking in more art? Is resonant creativity, as judged by any given person, more readily available? Are more artists able to do fulfilling work and make a decent living? And what’s the proper yardstick? A dazzling tomorrow? (If so, the book’s wailing about the best-thing-yet present looks all the more overblown.) The early days of the internet? (Chayka leans in this direction, apparently out of pure nostalgia.) The era of a few radio stations, three television networks, and one local newspaper? (Didn’t scolds once pour as much bile on channel surfing as they now dump on the infinite scroll?) Chayka may resent cold capitalist logic, but his book could have used some cost-benefit analysis.

“I’d argue that today’s audience is the most sophisticated that’s ever existed,” the novelist Chuck Palahniuk once wrote. “We’ve been exposed to more stories and more forms of storytelling than any people in history.” Amen. If we’re to live on vibes alone, as Chayka does, let me propose that his book’s best and most valuable statements are its sporadic qualifications. “Algorithmic feeds” can “help people find each other and build communities.” Social media enables “niche content production”—”creators have a much easier time reaching audiences.” Today “we have more cultural options available to us than ever,” and, what’s more, “they are accessible on demand.”

Filterworld does not deliver on its premise. They should have called it Brooklynworld. But it’s an elegant and diverting read. By the end, I hardly cared that Chayka’s view of everything worth debating is upside down. I was almost grateful, in fact, that he lets us come along as he grapples with the horrifying prospect of being like other people.

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New Hampshire Might Be the Only Competitive Primary in 2024


Donald Trump Joe Biden New Hampshire primary | Illustration: Lex Villena; Gage Skidmore, Jeremy Hogan ZUMAPRESS

Polls show many Americans are dreading a potential rematch between President Joe Biden and former President Donald Trump in November—and Tuesday’s New Hampshire primary might offer the briefest glimpse of an alternate reality where that outcome isn’t a near inevitability.

Yep, it might get a little weird.

The results in New Hampshire are unlikely to change the trajectory of the overall race, but for one night both Trump and Biden could be on the defensive. On the Republican side, former South Carolina Gov. Nikki Haley is polling close enough to Trump that an upset is within the realm of possibility, thanks to the state’s unusual primary rules (more on that in a bit).

Meanwhile, Biden isn’t even on the ballot in New Hampshire’s Democratic primary, which creates a possible opening for Rep. Dean Phillips’ (D–Minn.) and author Marianne Williamson’s long-shot campaigns to score a win against the incumbent. Biden’s supporters will have to write in the incumbent’s name, but first they’ll have to scroll through over a dozen other names (thanks to the state’s famously democratic ballot qualification rules).

Whether Biden wins or loses won’t actually matter, though: New Hampshire’s primary doesn’t determine any delegates for the Democratic convention this year. That’s a punishment handed down by the Democratic National Committee (DNC) after New Hampshire defied the DNC’s plan to have South Carolina and Nevada vote first in this cycle.

Biden—who finished a distant fifth in New Hampshire four years ago before using South Carolina as a springboard to win the nomination—proposed moving those other states ahead of New Hampshire and subsequently refused to participate in the primary when the state refused to give up its historical spot as the first to vote. One has to wonder if he’d have casually ignored the contest even if he was facing a serious challenger.

The Republican race is more competitive, even if only barely. With Florida Gov. Ron DeSantis exiting the contest on Sunday, New Hampshire is a two-horse race between Trump and Haley. That makes New Hampshire the first test of the theory that Trump’s hold on the party could be broken by a one-on-one contest.

Working in Haley’s favor is the fact that New Hampshire allows independent voters to choose to cast a ballot in either major-party primary—and roughly 40 percent of voters in New Hampshire are registered as independents. Since the Democratic race is uncompetitive, Haley is banking on grabbing a large share of the independent vote (including many would-be Democratic voters who might relish the chance to deal a blow to Trump).

For Haley, this might be pretty close to a must-win situation. If she cannot win in New Hampshire (or in her home state of South Carolina, which votes on February 24), she will be hard-pressed to find any spot on the map where she could top Trump. For that matter, even if she does win on Tuesday, she faces an uphill battle to so-called “Super Tuesday” (March 5) and beyond.

Adding to the potential weirdness in New Hampshire: A robocall that was reportedly received by some voters on Monday urging them not to participate in the election at all. “Although the voice in the robocall sounds like the voice of President Biden, this message appears to be artificially generated based on initial indications,” the New Hampshire Attorney General’s office said in a statement.

Next time, maybe the scammers will have the guts to urge voters to back Vermin Supreme—the perennial presidential protest candidate whose name does appear on the Democratic ballot in New Hampshire this year.

Barring a debilitating health or legal setback for the two frontrunners, a Trump vs. Biden rematch appears to be a near-certainty. If this primary season is going to deliver a shocking twist, however, we’ll likely see it begin taking shape in tonight’s results.

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Is Facial Recognition a Useful Public Safety Tool or Something Sinister?


A portion of the book cover of 'Your Face Belongs to Us' by Kashmir Hill | Random House

Your Face Belongs to Us: A Secretive Startup’s Quest To End Privacy as We Know It, by Kashmir Hill, Random House, 352 pages, $28.99

“Do I want to live in a society where people can be identified secretly and at a distance by the government?” asks Alvaro Bedoya. “I do not, and I think I am not alone in that.”

Bedoya, a member of the Federal Trade Commission, says those words in New York Times technology reporter Kashmir Hill’s compelling new book, Your Face Belongs to Us. As Hill makes clear, we are headed toward the very world that Bedoya fears.

This book traces the longer history of attempts to deploy accurate and pervasive facial recognition technology, but it chiefly focuses on the quixotic rise of Clearview AI. Hill first learned of this company’s existence in November 2019, when someone leaked a legal memo to her in which the mysterious company claimed it could identify nearly anyone on the planet based only on a snapshot of their face.

Hill spent several months trying to talk with Clearview AI’s founders and investors, and they in turn tried to dodge her inquiries. Ultimately, she tracked down an early investor, David Scalzo, who reluctantly began to tell her about the company. After she suggested the app would bring an end to anonymity, Scalzo replied: “I’ve come to the conclusion that because information constantly increases, there’s never going to be privacy. You can’t ban technology. Sure, it might lead to a dystopian future or something, but you can’t ban it.” He pointed out that law enforcement loves Clearview AI’s facial recognition app.

As Hill documents, the company was founded by a trio of rather sketchy characters. The chief technological brain is an Australian entrepreneur named Hoan Ton-That. His initial partners included the New York political fixer Richard Schwartz and the notorious right-wing edgelord and troll Charles Johnson.

Mesmerized by the tech ferment of Silicon Valley, the precocious coder Ton-That moved there at age 19; there he quickly occupied himself creating various apps, including in 2009 the hated video-sharing ViddyHo “worm,” which hijacked Google Talk contact lists to spew out a stream of instant messages to click on its video offerings. After the uproar over ViddyHo, Ton-That kept a lower profile working on various other apps, eventually decamping to New York City in 2016.

In the meantime, Ton-That began toying online with alt-right and MAGA conceits, an interest that led him to Johnson. The two attended the 2016 Republican National Convention in Cleveland, where Donald Trump was nominated. At that convention, Johnson briefly introduced Ton-That to internet financier Peter Thiel, who would later be an angel investor in what became Clearview AI. (For what it’s worth, Ton-That now says he regrets his earlier alt-right dalliances.)

Ton-That and Schwartz eventually cut Johnson out of the company. As revenge for his ouster, Johnson gave Hill access to tons of internal emails and other materials that illuminate the company’s evolution into the biggest threat to our privacy yet developed.

“We have developed a revolutionary, web-based intelligence platform for law enforcement to use as a tool to help generate high-quality investigative leads,” explains the company’s website. “Our platform, powered by facial recognition technology, includes the largest known database of 40+ billion facial images sourced from public-only web sources, including news media, mugshot websites, public social media, and other open sources.”

***

As Hill documents, the billions of photos in Clearview AI’s ever-growing database were scraped without permission from Facebook, TikTok, Instagram, and other social media sites. The company argues that what it is doing is no different than the way Google catalogs links and data for its search engine, only that theirs is for photographs. The legal memo leaked to Hill was part of the company’s defense against numerous lawsuits filed by social media companies and privacy advocates who objected to the data scraping.

Scalzo is right that law enforcement loves the app. In March, Ton-That told the BBC that U.S. police agencies have run nearly a million searches using Clearview AI. Agencies used it to identify suspects in the January 6 Capitol riot, for example. Of course, it does not always finger the right people. Police in New Orleans misused faulty face IDs from Clearview AI’s app to arrest and detain an innocent black man.

Some privacy activists argue that facial recognition technologies are racially biased and do not work as well on some groups. But as developers continued to train their algorithms, they mostly fixed that problem; the software’s disparities with respect to race, gender, and age are now so negligible as to be statistically insignificant. In testing by the National Institute of Standards and Technology, Hill reports, Clearview AI ranked among the world’s most accurate facial recognition companies.

***

To see the possible future of pervasive facial recognition, Hill looks at how China and Russia are already using the technology. As part of its “safe city” initiative, Russian authorities in Moscow have installed over 200,000 surveillance cameras. Hill recounts an experiment by the Russian civil liberties activist Anna Kuznetsova, who submitted her photos to a black market data seller with access to the camera network. Two weeks later, she received a 35-page report detailing each time the system identified her face on a surveillance camera. There were 300 sightings in all. The system also accurately predicted where she lived and where she worked. While the data seller was punished, the system remains in place; it is now being used to identify anti-government protesters.

“Every society needs to decide for itself what takes priority,” said Kuznetsova, “whether it’s security or human rights.”

The Chinese government has deployed over 700 million surveillance cameras; in many cases, artificial intelligence analyzes their output in real time. Chinese authorities have used it to police behavior like jaywalking and to monitor racial and religious minorities and political dissidents. Hill reports there is a “red list” of VIPs who are invisible to facial recognition systems. “In China, being unseen is a privilege,” she writes.

In August 2023, the Chinese government issued draft regulations that aim to limit the private use of facial recognition technologies; the rules impose no such restrictions on its use for “national security” concerns.

Meanwhile, Iranian authorities are using facial recognition tech to monitor women protesting for civil rights by refusing to wear hijabs in public.

Coappearance analysis using artificial intelligence allows users to review either live or recorded video and identify all of the other people with whom a person of interest has come into contact. Basically, real-time facial recognition will not only keep track of you; it will identify your friends, family, coreligionists, political allies, business associates, and sexual partners and log when and where and for how long you hung out with them. The San Jose, California–based company Vintra asserts that its co-appearance technology “will rank these interactions, allowing the user to identify the most recurrent relationships and understand potential threats.” Perhaps your boss will think your participation in an anti-vaccine rally or visit to a gay bar qualifies as a “potential threat.”

What about private use of facial recognition technology? It certainly sounds like a product with potential: Personally, I am terrible at matching names to faces, so incorporating facial recognition into my glasses would be a huge social boon. Hill tests a Clearview AI prototype of augmented reality glasses that can do just that. Alas, the glasses provide viewers access to all the other photos of the person in Clearview AI’s database, including snapshots at drunken college parties, at protest rallies, and with former lovers.

“Facial recognition is the perfect tool for oppression,” argued Woodrow Hartzog, then a professor of law and computer science at Northeastern University, and Evan Selinger, a philosopher at the Rochester Institute of Technology, back in 2018. They also called it “the most uniquely dangerous surveillance mechanism ever invented.” Unlike other biometric identifiers, such as fingerprints and DNA, your face is immediately visible wherever you roam. The upshot of the cheery slogan “your face is your passport” is that authorities don’t even have to bother with demanding “your papers, please” to identify and track you.

In September 2023, Human Rights Watch and 119 other civil rights groups from around the world issued a statement calling “on police, other state authorities and private companies to immediately stop using facial recognition for the surveillance of publicly-accessible spaces and for the surveillance of people in migration or asylum contexts.” Human Rights Watch added separately that the technology “is simply too dangerous and powerful to be used without negative consequences for human rights….As well as undermining privacy rights, the technology threatens our rights to equality and nondiscrimination, freedom of expression, and freedom of assembly.”

The United States is cobbling together what Hill calls a “rickety surveillance state” built on this and other surveillance technologies. “We have only the rickety scaffolding of the Panopticon; it is not yet fully constructed,” she observes. “We still have time to decide whether or not we actually want to build it.

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Brickbat: Miami Vices


A pregnant woman holds her stomach while a man cradles a fake pregnancy belly. | Prostockstudio | Dreamstime.com

Former Miami-Dade School Board vice chair Lubby Navarro has been charged with organized fraud of $50,000 or more, organized fraud of between $20,000 and $100,000, and two counts of grand theft. Prosecutors say she used her school system credit cards to make $100,000 in illegal purchases, including two fake pregnancy bellies that she used to try to convince her ex-boyfriend she was pregnant with his child.

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The FTC defines sensitive locations for data brokers

The FTC has begun a new campaign against data brokers who are collecting and selling “sensitive” location information. Cybertoonz asks the obvious question.

The post The FTC defines sensitive locations for data brokers appeared first on Reason.com.

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DeSantis Down and Out


Ron DeSantis speaks, American flag background | Nikhinson Julia/ABACA/Newscom

In this week’s The Reason Roundtable, editors Matt Welch, Katherine Mangu-Ward, Nick Gillespie, and Peter Suderman hold a postmortem examination of Florida Gov. Ron DeSantis’ suspended campaign for president before considering Donald Trump’s recent claim that presidents deserve full immunity from prosecution.

00:27—Ron DeSantis drops out of the race for the Republican presidential nomination

19:54—Trump claims full presidential immunity

30:05—Weekly Listener Question

47:00—Argentine President Javier Milei addresses Davos

54:38—This week’s cultural recommendations

Mentioned in this podcast:

Ron DeSantis Could Have Run on a Message of Freedom,” by Eric Boehm

So Long to the Man in Lifts,” by Liz Wolfe

4 Reasons Why Dean Phillips Could Shock Write-in Joe Biden in New Hampshire Tuesday,” by Matt Welch

No Labels Has 13 Presidential Candidates, 14 State Ballots, and 7 Weeks To Decide Whether To Run,” by Matt Welch

Is DeSantis a Principled Governor or a Retaliatory Culture Warrior?” by Matt Welch, Katherine Mangu-Ward, Peter Suderman, and Nick Gillespie

How Should Libertarians Think About Ron DeSantis?” by Nick Gillespie and Zach Weissmueller

Trump’s Demand for ‘Total’ Presidential Immunity Reflects His Authoritarian Impulses,” by Jacob Sullum

Meet the New Boss: Donald Trump, Who Wants To Tell You What You Can Buy and Sell,” by Nick Gillespie

Should Libertarians Vote For Trump? Nick Gillespie vs. Walter Block,” a Soho Forum debate by Gene Epstein

Donald Trump on Libertarianism: ‘I like it. A lot of good things.’” by Nick Gillespie

Javier Milei Tells World Leaders: ‘The State Is Not the Solution,'” by Katarina Hall

Is Javier Milei a ‘Doctrinaire Hayekian’ and a Secret Reason Science Project?” by Nick Gillespie

Conservative Liberals for Mainstream Anti-MSMism,” by Matt Welch

Talking about Punk as a ‘Cultural Antibiotic’ for the Body Politic!” by Nick Gillespie

School Choice Is Popular and Increasingly Common,” by J.D. Tuccille

Reason‘s archive on National School Choice Week

Send your questions to roundtable@reason.com. Be sure to include your social media handle and the correct pronunciation of your name.

Today’s sponsors:

  • The world would be a better, freer, and happier place if constitutional protections for private property were taken just a tad more seriously. That’s according to our friends over at the Institute for Justice, who have just begun releasing a new season of their legal history podcast, Bound By OathBound By Oath tells the story of how the Supreme Court has cleared the way for government officials to abuse property rights: to trespass on private land without a warrant, to restrict peaceful and productive uses of property, to seize and keep property without sufficient justification, and much more. Featuring interviews not only with scholars and litigators but also with the real-life people behind some of the Supreme Court’s most momentous property rights decisions, the new season explores the history behind today’s civil rights battles. So plug Bound By Oath into wherever you get your podcasts, and start with Episode 1.

Audio production by Ian Keyser; assistant production by Hunt Beaty.

Music: “Angeline,” by The Brothers Steve

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Dispatch From Israel: Inside the Hope Machine


Protesters in Israel hold a poster of a young hostage with text that reads, "Bring Hersh Home." | Photo: Nancy Rommelmann

When the alarms sounded at 6:30 a.m. on October 7 near her home in central Israel, Shelly Shem Tov was not immediately concerned. “We are in a crazy country where the bombs are regular,” she told herself. Nevertheless, Shem Tov called her son Omer, 21, whom she’d seen the day before—her 50th birthday—shortly before he headed off to a music festival. Her youngest child assured her he was fine. Then Omer called back, he and his friends were trying to escape; they were running for the car. Shem Tov tracked her son on his phone and could see his location live. Something wasn’t right; the car was going in the wrong direction, into Gaza. 

By midday on October 7, Emilie Moatti’s phone was exploding with messages from people all over the world asking what they could do to help. The onetime member of the Knesset for the Israeli Labor Party and peace activist did not yet have any idea of the size and scope of the catastrophe. What she did know, because she knew the actors in the government, was that nothing was going to happen if she didn’t do something. “Call your colleagues,” she told her husband Daniel Shek, the former Israeli ambassador to France. “Tell them to come home. We are starting a headquarters.”

On October 8, Rebecca Shafrir and her husband Gideon were watching a news program from their apartment in Tel Aviv, an interview with Hadas Calderon, whose two children had been taken hostage. A fourth-generation Israeli, Gideon wondered how this could happen in the most protected country with the most capable military and, also, why wasn’t this being handled? Shafrir, the director of a large philanthropic foundation, knew she had to either start handling it or fight with her husband. She started making calls.

There is no road map for what to do when your child is abducted by terrorists; when 1,400 of your countrymen are slaughtered and hundreds of others kidnapped; when the world variously shows sympathy or skepticism; when local authorities are too swamped or self-interested to reach out. Shem Tov, in fact, did not hear from any state official until days after she’d seen a video of Omer on the floor of a pickup truck, his hands cuffed.

A poster of a young hostage, Omer, that reads "Bring him home now!"
(Photo: Nancy Rommelmann)

“This is how I help; this is how I don’t go crazy,” she says of spending 12 hours a day at Hostages and Missing Families Forum in Tel Aviv, an organization formed by a handful of Israelis within 48 hours of the October 7 massacre. It’s a space where people can bring their sorrow and industry: Bakers bake bread, the rich give cash, and citizens—2000 to date, all volunteers—set up tents in a square within sight of Israel Defense Forces (IDF) headquarters. There, hostage families can rest and protest to ensure their loved ones are not forgotten, a 21st-century version of “making the desert bloom,” born of a similar refusal to give in to desperation and the death their neighbors might wish for them.

“This is an entirely civilian operation, a grassroots sort of pop-up,” says Shafrir. The forum is currently operating out of a six-story building donated by an Israeli security company, all expenses paid for a year. In mid-January, the halls of the forum are in constant motion, lawyers speaking with representatives from the Hague; holistic practitioners massaging the bedraggled; Emmy- and Israeli Academy Award–winning filmmakers creating marketing campaigns; and IDF reservists with siblings held in Gaza ducking questions from nosy reporters.

A lit sign on top of a building in Israel reads, "Bring them home"
(Photo: Nancy Rommelmann)

“I think that everybody needs to do what they know how to do best,” says Dorit Gvili, COO of the advertising agency Publicis One Israel. Before October 7, Gvili spent her days “selling people shampoo and cars and beautiful stuff.” Now she coordinates teams making videos, logos, billboards, and social media posts, anything to keep the hostages in the public eye.

Protesters in Israel hold up posters of a young hostage that reads, "Bring Hersh Home"
(Photo: Nancy Rommelmann)
A poster of the hostages in Gaza reads, "#BringThem HomeNow"
(Photo: Nancy Rommelmann)

“When Seinfeld came, I told him, ‘You don’t have the best creative team, I have the best creative team!” she says of comedian Jerry Seinfeld dropping in during a recent trip to Israel, one of an uncounted number of people who come to express support and, sometimes, astonishment.

“I had a guy here from Ukraine. He told me, ‘You succeed to do so much noise for 250 [hostages]. We had 20,000 children abducted by Russia, and nobody knows,'” Gvili recalls. “So yes, people are still talking about us. We’re giving them reason to talk about us. It’s not yesterday’s news. And three months into the situation, it’s still only volunteers, no government.”

Nor have politicians shown interest. “The new minister of foreign health came last week for the first time,” says Moatti. When asked whether Prime Minister Benjamin Netanyahu has come by, Moatti gets sly.

“I’m not sure he was invited,” she says.

Shafrir says the prime minister has been invited, including to speak at a rally commemorating the hostages’ 100 days in captivity. “He refused. No one from the government spoke, no one wants to be associated with us,” she says. “They want to say, ‘You stop the war or get the hostages, not both.’ But we can do both. We can get the hostages and then stop the war.”

How do you do this? If you’re a pizza-maker from Haifa, a cartoonist from Jerusalem, or a mother from Herzliya living in terror not, as Shem Tov says, “every day, every hour, but every minute,” you show up. You build an art installation tunnel simulating the hostage experience. You man the merchandise room selling BRING THEM HOME NOW sweatshirts and dog tags, you attend the Saturday night rallies where 20,000 people chant “ACH-SHAV! ACH-SHAV!” (“Now! Now!”) You wonder aloud when the goddamn Red Cross is going to get medical supplies to what are believed to be 136 people still held in Gaza. You do anything to keep the hostages’ names on people’s lips, and you absolutely do not give in to the idea that you cannot bring them home. You stay inside the hope machine you have built, the one that whirrs loud enough to keep bad eventualities at bay, so long as you keep feeding it.

And they do. The enterprise creates a glue that keeps people at their desks. After dark, it brings them up to the roof deck, where despair is transmogrified into a noisy party, complete with homemade pizza made by local chefs. At 9 p.m., no one is making a move to leave. 

“It’s like ‘Hotel California,'” says Gideon, who’s stopped by to see his now-never-home wife.

A designer pours from a bottle of red wine and suggests that when all the hostages are freed, the forum keep going, maybe dedicate their efforts to finding the missing Ukrainian children.

 This is not the goal of ad agency exec Gvili.  

“Our dream from Day One is that this organization will be closed,” she says. “Then I can get back to doing the new Charlotte Tilbury lipstick review. That should be my problem.”

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Upcoming Talks and Presentations

Just a quick post to note some upcoming talks and presentations, some of which may be of interest to readers.

  • This Thursday, January 25, I will be a panelist at the Pacific Legal Foundation conference, Doctrinal Crossroads: Major Questions, Nondelegation & Chevron Deference, at Harvard Law School. The program is co-sponsored by the Harvard Journal of Law & Public Policy which will be publishing the papers from the conference. Other speakers include Gary Lawson, Michael Rappaport, Jed Shugerman, Alison Somin, and Paul Ray. Former White House counsel Don McGahn is giving a lunchtime keynote, and panel moderators include Judges Neomi Rao, Greg Katsas, Michael Park, and Paul Matey. Registration info is here.
  • Tuesday, January 30 I will be a panelist on the Solomon Center for Health Law and Policy program, Loper and Chevron in the Court: The Fate of Deference to Administrative and Scientific Expertise at Yale Law School. Other panelists are Blake Emerson, Andrew Pincus, and Reshma Ramachandran. The program is co-sponsored by American Constitution Society at Yale Law School and Yale Federalist Society.
  • Monday, February 19, I’ll be speaking on The Next Big Abortion Rights Case (FDA v. Alliance for Hippocratic Medicine) at a Zaremski Law Medicine Forum with my colleague Prof. Jessie Hill here at the CWRU School of Law.
  • Friday, February 23, I will be presenting at the Ohio State Law Journal‘s 2024 Symposium, What Next? The Rise, Fall, and Future of American Environmental Law. I do not yet know who the other speakers are, but I’ll update this post when I have that information.
  • Saturday, April 13, I will be presenting at the Drake Constitutional Law Center’s 2024 Constitutional Law Symposium, “Climate Change, the Environment, and Constitutions.” Other speakers will include Jerry Anderson, Michael Gerrard, and Erin Daly.
  • Friday, May 10, I will speak on a panel on marijuana legalization at the 2024 Eleventh Circuit Judicial Conference in Point Clear, Alabama. My co-panelists will be Jonathan Robbins and Jesse Panuccio.

The post Upcoming Talks and Presentations appeared first on Reason.com.

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Long Beach, California, Police ‘Brutally’ Arrested a Cancer Patient. Now, the City Is Paying $300,000.


A screenshot from body camera footage showing Johnny Jackson's arrest | Long Beach Post

Long Beach, California, is stuck with a $300,000 bill after three of its police officers arrested a cancer patient with “brutal force” for driving with an expired vehicle registration. 

On September 3, 2022, Johnny Jackson, who had undergone surgery for his prostate cancer the day prior, was driving home from an errand to make a copy of his doctor’s note following surgery when he noticed he was being followed by an unmarked Long Beach Police Department (LBPD) vehicle. 

According to a lawsuit filed last October, when Jackson pulled into his driveway, the LBPD vehicle parked outside his house. Jackson exited his car, holding his doctor’s note, and told the officers that he knew he had an issue with his vehicle registration. In response, the officers, who were not named in the complaint, ordered Jackson to put his hands up and approach them. As he was doing so, Jackson was additionally ordered to put his hands on his head and turn so his back was facing one officer, while a second officer approached Jackson’s front porch.

Body camera footage shows Jackson again telling the officers that he knew his vehicle registration may have been expired and that he had gotten surgery for his prostate cancer the day before. The lawsuit states that, while Jackson was speaking, “a gust of wind began blowing the Doctor’s Note off the top of his vehicle.” Jackson then told the officers that “this is actually my paperwork for my surgery yesterday,” and put one of his hands on the note to prevent it from blowing away.

In response, one of the officers rushed to grab Jackson’s arm, pinning it behind his back and telling him that he was “about to get fucked up.” 

“Listen to me, put your hands behind your back. If you resist you will get hurt,” one officer told Jackson. “If you hurt me I will sue you. I just had surgery,” Jackson replied.

Body camera footage shows the ensuing struggle, in which Jackson was pulled in multiple directions by the officers, as Jackson again told them he was recovering from surgery. The lawsuit states that one officer struck Jackson in the head in an attempted “takedown maneuver,” which he followed by kneeing Jackson in his groin three times. 

“Why are you forcing us to use force on you?” one officer asked

Eventually, Jackson was handcuffed and cited for having an expired vehicle registration and resisting arrest. Jackson sued the city and police department in October 2023, arguing that the officers engaged in excessive force and caused him multiple injuries by arresting him so violently, despite being aware of his recent surgery. 

A settlement in the case was reached in December 2023, and the staggering $300,000 value was announced last week.

“Mr. Jackson emerged victorious in his lawsuit against LBPD [which] has not only helped to restore, for Mr. Jackson, his dignity and pride,” Michael Slater, one of Jackson’s lawyers, told the Davis Vanguard. “It is also evidence that no law enforcement officer is above the same laws Mr. Jackson, and we as citizens, have untrusted them with enforcing.”

But, as Slater noted, “A civil settlement cannot, on its own, right the wrongs committed by the Long Beach Police Department against Mr. Jackson.”

The post Long Beach, California, Police 'Brutally' Arrested a Cancer Patient. Now, the City Is Paying $300,000. appeared first on Reason.com.

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