Prayer at government functions-5: Introducing the endorsement test

The Lemon test to judge whether violations of the Establishment Clause had occurred is not always easy to apply in concrete cases and some justices of the US Supreme Court have often expressed its unhappiness but others have opposed outright rejecting it. This is especially true of the second ‘effect’ prong which is hard to evaluate. Furthermore, the test was formulated in a case that involved legislative actions. What about situations involving government actions such as prayer and Bible readings and religious instruction in public schools, the display of religious artifacts such as the Ten Commandments on government property, ceremonial opening prayers at government functions, etc.? [Read more…]

Football is mostly standing around

Via Pharyngula, I came across this fascinating graphic from a study commissioned by the Wall Street Journal that shows how time is distributed in a typical 192-minute American football game. It turns out it is only 11 minutes or less than 5% involves actual play action. I think the instant replays (sometimes five or six at different speeds and from different angles) give the false impression of there being more action than there really is. [Read more…]

Flash fish freezing

Jordan Sargent has a remarkable photograph taken by Ingolf Kristiansen off the coast of Norway. Apparently a large number of herring were swimming close to the surface when a gust of cold wind froze the water near the surface, trapping the fish in place. I found this surprising because the phase change from water to ice is not instantaneous and one would think that as it happened the fish would go lower where it remains as water. [Read more…]

Samantha Bee’s one-woman interpretation of The Five

The only time I see any of the talk shows on TV is when clips of them appear to show how idiotic they are. So while I have a vague idea of the various shows that are around, I have never actually watched one for any extended time. The Daily Show’s Samantha Bee does a remarkable one-woman performance that looks at the people and dynamics of a program called The Five that appears on Fox News and she shows more of it than I normally see. [Read more…]

Why Snowden cannot get a fair trial in the US

Many of those angered by Edward Snowden’s disclosures try to imply cowardice in his part and say that in order to prove that he is an honorable man, he should come back to the US, give himself up to the authorities, and allow his case to work its way through the legal system, pointing to Daniel Ellsberg’s example. This is, of course, disingenuous. Ellsberg himself says that things are very different now and that the Obama administration is much worse than Nixon’s in the way it treats whistleblowers and that Snowden did the right thing in leaving the country. [Read more…]

Update on the Mount Soledad cross saga

When we last discussed this story, on December 12, 2013 a US District Court judge had ordered the removal of the huge cross on the top of Mount Soledad, staying his order for 90 days until any appeals are filed and heard. The Ninth Circle Court of Appeals had ruled that the cross standing on federally owned land was a violation of the Establishment Clause and the situation needed to be remedied in some way and while the District Court judge said he disagreed with the ruling, given the constraints the Appeals Court had imposed, he saw no option other than its removal. [Read more…]