Journal articles: 'American Israel Public Affairs Committee' – Grafiati (2024)

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The main components of the Israel lobby in the United States were organized in the spring of 1954, six years after the State of Israel declared independence, in response to a crisis in U.S.–Israel diplomacy that erupted in October 1953. Israeli soldiers had massacred more than sixty Palestinian villagers in Qibya, on the West Bank, eliciting widespread condemnation; American Jews, in reply, mobilized to defend Israel in new ways. The American Zionist Committee for Public Affairs (later renamed AIPAC) and the Conference of Presidents of Major American Jewish Organizations, established at this time, displayed two outstanding features. They were Jewish united front organizations that brought together Zionist with “non-Zionist” groups. They also emerged from transnational contacts with Israeli leaders and realities. A staunch near-consensus in defense of Israel in the most trying circ*mstances established a lasting framework in American Jewish life.

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Steve Grossman, Democratic candidate for governor of Massachusetts in 2002, is president of MassEnvelopePlus in Somerville, MA, a full-service printing and graphic design firm started by his grandfather in 1910 and now a fourth-generation family business. He is also founder and president of Givenation.com, which helps nonprofit organizations raise funds online. Steve has played a prominent role in both national and state politics, most recently as national chairman of the Democratic National Committee, which he helped revitalize from 1997 to 1999, president and chairman of the Board of the American Israel Public Affairs Committee from 1992 to 1996, and chairman of the Massachusetts Democratic Party from 1991 to 1992. A strong believer in grassroots politics, he remains an active member of the Ward 7 Newton Democratic City Committee. He was also a leader of many philanthropic, civic, and cultural organizations over the years.

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<div class="bookreview">Rich Wiles, editor, <em>Generation Palestine</em> (London: Pluto Press, 2013), 256 pages, $24, paperback.</div>When in March 2012, Barack Obama paused briefly from approving orders for drone killings of Pakistani and Yemeni villagers, in order to reassure the attendees at the annual gala of the AIPAC (American-Israel Public Affairs Committee) that, "when there are efforts to boycott or divest from Israel, we will stand against them," the real target of his declaration was elsewhere: the myriad grassroots organizers across the world who have made the global Boycott, Divestment, and Sanctions (BDS) campaigns unignorable. Their mounting influence has provoked efforts to declare them anti-Semitic or illegal from London to Long Beach. In fact, the series of victories across the University of California system has so annoyed its managers that they have hauled in the Caesar of domestic repression, Janet Napolitano, to deal with campus activists. Obama's declaration of support for Israeli colonialism had a simple message to those many activists: back down, because Washington will not.<p class="mrlink"><p class="mrpurchaselink"><a href="http://monthlyreview.org/index/volume-67-number-2" title="Vol. 67, No. 2: June 2015" target="_self">Click here to purchase a PDF version of this article at the <em>Monthly Review</em> website.</a></p>

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In their reply, Professors Mearsheimer and Walt focus quite reasonably on my two main claims: that their research methods are flawed and that their evidence is weak. But they begin, tellingly, by citing a range of indirect evidence that appears to depict a powerful “Israel lobby.” Lots of knowledgeable Washington insiders, they say—policymakers, journalists, candidates for office, and the like—say and do things that seem to acknowledge the “lobby's” power. I draw attention to this opening for several reasons. First, it is not clear how much weight some of this evidence will bear. Take, for example, the National Journal survey of members of Congress that Mearsheimer and Walt cite twice in their reply (and once in their book). In this survey, conducted once, in 2005, seventy-three members of Congress (out of 535—less than 15 percent) responded to the question, “Which two interest groups do you believe are most effective on Capitol Hill?” Of these respondents, thirteen (less than 20 percent of the sample) mentioned American Israel Public Affairs Committee (AIPAC) as one of their two choices. It seems something of a leap from the observation that a dozen or so members of Congress said once that AIPAC is “effective” (which might mean any number of things) to the inference that AIPAC—or the lobby more generally—is powerful. Or take the observation that important politicians regularly address AIPAC's annual conference and make friendly speeches when they do. Surely these same politicians visit other such organizations regularly. And when they appear before, say, the AFL-CIO or the NAACP, surely they say nice things about the issues that these organizations and their conference attendees care about. Successful politicians rarely voice open disagreement with the people they are talking to. But are we to conclude from this behavior that the AFL-CIO and the NAACP, or any other groups that regularly receive such visits, are powerful? Again, this inference requires something of a logical leap.

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The authors analyze the debates on the problem of the Middle East settlement in the Foreign Affairs Committee of the British Parliament, which took place in connection with the start of the American peace initiative in 2013-14. A general description of the discussion of the Middle East issues at committee meetings during the government cadence of D. Cameron (2010-2016) is given. Particular attention is paid to the positions of the parties to the conflict, stated at the meeting by the diplomats of Israel and Palestine. The key issues of the Palestinian-Israeli confrontation are considered: issues of permanent status (borders, refugees, Israeli settlements, the status of Jerusalem) and security issues discussed at the negotiations held under the auspices of John Kerry. It is proved that the positions of the conflicting parties remained irreconcilable. It is noted that at this historical stage, none of the leading powers of the world had sufficient influence for an effective and successful settlement of the Palestinian-Israeli conflict. The novelty of the study lies in the fact that for the first time the documents of the British Parliament were introduced into scientific circulation in order to analyze the prospects for a Middle East settlement. The relevance of the study is due to the fact that the Palestinian-Israeli conflict remains a source of tension in the Middle East, continuing to influence the situation in the region and the policies of the leading world powers.

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How influential are domestic politics on U.S. foreign affairs? With regard to Middle East policy, how important a role do ethnic lobbies, Congress, and public opinion play in influencing U.S. strategy? Answering these questions requires the use of archival records and other primary documents, which provide an undistorted view of U.S. policymakers' motivations. The Ford administration's 1975 reassessment of its approach to Arab-Israeli statecraft offers an excellent case for the examination of these issues in light of this type of historical evidence. President Gerald Ford and Secretary of State Henry Kissinger decided, in large part because of the looming 1976 presidential election, to avoid a confrontation with Israel in the spring and summer of 1975 by choosing to negotiate a second disengagement agreement between Egypt and Israel rather than a comprehensive settlement. Nevertheless, domestic constraints on the White House's freedom of action were not insurmountable and, had they had no other option, Ford and Kissinger would have been willing to engage in a showdown with Israel over the Middle East conflict's most fundamental aspects. The administration's concern that a major clash with Israel might stoke an outbreak of anti-Semitism in the United States likely contributed to its decision to back down.

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This paper explores the United States' position towards the battle for Al-Karameh and its repercussions on the 21 March 1968. It argues that even though American policy has always been completely biased in favor of Israel since Israel's founding on 15 May 1948, its position on the battle of Al-Karameh was at the time considered supportive of Israel, balanced with Jordan, and hostile to Palestinian organizations. The United States position in the research relies mainly on the documents of the US State Department (Foreign Relations of the United States FRUS) and on some of the minutes of the Israeli parliament (Knesset) sessions (Knesset Foreign Affairs and Defense Committee meetings). This research dealt with an introduction to the crystallization of the Palestinian resistance after the defeat of the Arabs in the Six-Day War of 1967 as well as the policy of the United States towards the region after this war, its position on the escalation of Palestinian resistance from inside Jordan, and the dialectic of Jordan's control of its territories and borders. It also dealt with the incident of the bombing of the Israeli bus on 18 March 1968, and the escalation of tension, which eventually led to Israel attacking Jordan in the battle for Al-Karameh on 21 March 1968, the initial American reaction to it, and the subsequent issuance of Security Council Resolution 248 and its implications. It further dealt with the official American position after the battle ended, its support for the efforts of the Jarring Peace Mission in the region, and its policy of balancing its positions between Israel and Jordan. In conclusion, reference was made to the most important results of the research.

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ABSTRACTThis article challenges the conventional view of veterans’ politics in the United States as an “iron triangle” or a “subgovernment,” terms that connote a low-profile field dominated by a small number of elite actors operating consensually behind closed doors. It shows instead that veterans’ affairs were at the center of a heated national debate to which both grassroots activists and national leaders contributed as part of a larger social movement, as demonstrated by the controversy over the First Hoover Commission. Created by Congress in 1947 to find ways to make the executive branch more efficient, the commission’s proposals to reform veterans’ affairs were all defeated by the countercampaign of the largest and most influential veterans’ group of the era, the American Legion. Former soldiers were not alone (they benefited from the assistance of key state actors such as the heads of the Veterans Administration and of the House Committee on Veterans’ Affairs) but their mobilization proved decisive. This episode shows that even veterans of World War II, traditionally seen as the most deserving cohort of former soldiers in US history (the “Greatest Generation”), had to organize to defend their benefits against attacks. The privileged position of veterans in the US welfare state is therefore less the result of their exalted cultural status (as is often presumed) than of their ability to mobilize politically and to override the preferences of significant numbers of public and private actors—just like any other group making claims on the state.

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The initial development of Latin American studies in Britain in the early 1960s resulted from the interest of pioneering academics in London and Cambridge and the Royal Institute of International Affairs. Alongside these academic efforts, the government’s concerns about the declining role of British business in the region triggered the establishment of the Parry Committee in 1962. Reporting in 1965, this committee recommended the establishment of five government-financed Latin American centers, together with investment in training new Ph.D. students, especially in the social sciences. These younger scholars, who took the opportunity to do research and travel in Latin America, soon began to react more strongly against U.S. policy, economic inequality, and human rights abuses. In the 1970s, tensions between the older and newer generations became acute with the Pinochet coup and the “dirty wars.” Many academics thus distanced themselves from business and government in a way that the pioneers had not anticipated. El desarrollo inicial de los estudios latinoamericanos en Gran Bretaña a principios de la década de 1960 se debió al interés de académicos pioneros en Londres, Cambridge y el Instituto Real de Asuntos Internacionales. Junto con estas iniciativas académicas, la preocupación gubernamental ante el declive de los negocios británicos en la región dio lugar a la fundación del Comité Parry en 1962. En su informe de 1965, dicho comité recomendó el establecimiento de cinco centros latinoamericanos financiados por el gobierno, así como la formación de nuevos estudiantes doctorales, sobre todo en el área de ciencias sociales. Estos académicos más jóvenes, que aprovecharon la oportunidad de estudiar en y viajar por América Latina, pronto comenzaron a reaccionar con mayor fuerza contra la política de EE.UU., la desigualdad económica y los abusos contra los derechos humanos. En la década de 1970, las tensiones entre las generaciones más viejas y las nuevas se agudizaron con el golpe de estado de Pinochet y las “guerras sucias.” Muchos académicos se distanciaron entonces de los negocios y los asuntos del gobierno de una manera que los pioneros no habían previsto.

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Combustible tobacco use remains the number-one preventable cause of disease, disability, and death in the United States. Electronic nicotine delivery systems (ENDS), which include electronic cigarettes, are devices capable of delivering nicotine in an aerosolized form. ENDS use by both adults and youth has increased rapidly, and some have advocated these products could serve as harm-reduction devices and smoking cessation aids. ENDS may be beneficial if they reduce smoking rates or prevent or reduce the known adverse health effects of smoking. However, ENDS may also be harmful, particularly to youth, if they increase the likelihood that nonsmokers or former smokers will use combustible tobacco products or if they discourage smokers from quitting. The American Association for Cancer Research (AACR) and the American Society of Clinical Oncology (ASCO) recognize the potential ENDS have to alter patterns of tobacco use and affect the health of the public; however, definitive data are lacking. The AACR and ASCO recommend additional research on these devices, including assessing the health impacts of ENDS, understanding patterns of ENDS use, and determining what role ENDS have in cessation. Key policy recommendations include supporting federal, state, and local regulation of ENDS; requiring manufacturers to register with the US Food and Drug Administration and report all product ingredients, requiring childproof caps on ENDS liquids, and including warning labels on products and their advertisem*nts; prohibiting youth-oriented marketing and sales; prohibiting child-friendly ENDS flavors; and prohibiting ENDS use in places where cigarette smoking is prohibited. This policy statement was developed by a joint writing group composed of members from the Tobacco and Cancer Subcommittee of the American Association for Cancer Research (AACR) Science Policy and Government Affairs (SPGA) Committee and American Society of Clinical Oncology (ASCO) Tobacco Cessation and Control Subcommittee of the Cancer Prevention Committee (CaPC). The statement was reviewed by both parent committees (ie, the AACR SPGA Committee and the ASCO CaPC) and was approved by the AACR Boards of Directors on August 6, 2014, and the ASCO Executive Committee on September 18, 2014. This policy statement was published jointly by invitation and consent in both Clinical Cancer Research and Journal of Clinical Oncology. Copyright 2015 American Association for Cancer Research and American Society of Clinical Oncology. All rights reserved. No part of this document may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or storage in any information storage and retrieval system, without written permission by the American Association for Cancer Research and the American Society of Clinical Oncology.

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One of the most difficult issues of the final status negotiations between Israel and the Palestinians is Jerusalem. The complexity of this issue has been compounded by U.S. actions to move its embassy from Tel Aviv to Jerusalem and by allegations that the prospective site of the embassy is Palestinian refugee property confiscated by Israel since 1948. Evidence of Palestinian ownership of the 7.7-acre site-the subject of this report-was gathered by a group of Palestinians from the records of the United Nations Conciliation Committee on Palestine (UNCCP) in New York, the Public Records Office (PRO) in London, the U.S. State Department (DOS), the Jerusalem Municipality, the Israeli Land Registry Records (Tapu), the Israeli Ministry of justice, and heirs of the original owners. The research extended over a six-year period and involved some forty individuals. Although hampered by the inaccessibility of the site to surveyors and by Israel's rezoning and reparcellation of the land in question, the evidence yielded by this research shows that at least 70 percent of the site is refugee private property, of which more than a third is Islamic waqf (trust). On 15 May 1948, the last day of the Mandate, the site was owned by seventy-six Palestinians. On 28 October 1999, the American Committee on Jerusalem (ACJ) addressed a letter to Secretary of State Madeleine Albright outlining the results of this research and requesting a meeting to share the findings with the DOS. It was only on 28 December that the DOS replied to the effect that any data that the group had should be communicated to the DOS "to be kept on file." Given the grave implications of the embassy issue for the peace process and the credibility of the United States, the ACJ felt as a result of the correspondence that it had no alternative but to go public.

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During the first two decades of the Cold War, a new kind of academic figure became prominent in American public life: the credentialed social scientist or expert in the sciences of administration who was also, to use the parlance of the time, a “man of affairs.” Some were academic high-fliers conscripted into government roles in which their intellectual and organizational talents could be exploited. McGeorge Bundy, Walt Rostow, and Robert McNamara are the archetypes of such persons. An overlapping group of scholars became policymakers and political advisers on issues ranging from social welfare provision to nation-building in emerging postcolonial states. Many of these men—and almost without exception they were men—were also consummate operators within the patronage system that grew up around American universities after World War II. Postwar leaders of the social and administrative sciences such as Talcott Parsons and Herbert Simon were skilled scientific brokers of just this sort: good “committee men,” grant-getters, proponents of interdisciplinary inquiry, and institution-builders. This hard-nosed, suit-wearing, business-like persona was connected to new, technologically refined forms of social science. No longer sage-like social philosophers or hardscrabble, number-crunching empiricists, academic human scientists portrayed themselves as possessors of tools and programs designed for precision social engineering. Antediluvian “social science” was eschewed in favour of mathematical, behavioural, and systems-based approaches to “human relations” such as operations research, behavioral science, game theory, systems theory, and cognitive science.

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The article studies diasporas of states that turn into a valid actor in terms of international relations and more of ten become subjects and objects of public diplomacy. Governments of states are trying to adjust efficient communication and cooperation with their diasporas facilitating the institutionalization of their associations through the establishment of government agencies embracing the issues of interaction between the government and diaspora. Diasporas are of a special importance for small countries due to the lack of resources the country might use for carrying out their foreign policy and organizing diplomatic missions. For example, diasporas of Israel, Greece, Armenia etc. in the USA significantly influence the formation of politics of the United States toward their historical motherlands contributing to the development of bilateral relations. The author states that the diaspora studies peaked in the late 1990s, when researchers studied the characteristics of the diaspora as a social entity, and raised the issue of the limits of the diaspora. The Irish, Armenian and Jewish diasporas are classic examples of how the diaspora can represent and promote the interests of its homeland in the American government, while functioning as full-on diplomatic actors in bilateral relations. The paper notes that researchers of the diaspora's role in public diplomacy are paying much attention to China and India, due to their audacious initiatives to institutionalize relations with the diasporas, in order to obtain the potential benefits diasporas can bring for bilateral relations (particularly economic ones) as mediators and catalysts. These initiatives include the establishment of ministries and government agencies to engage and coordinate work with the diasporas. Thus, part of the state apparatus works exclusively with the communities of its country abroad. In China and India, the affairs of diaspora are meddled with on subnational levels with the participation of provincial and local governments. Their diaspora ministries and agencies conduct conferences on diaspora issues within the respective countries and send missions and delegations abroad to organize communication with their diasporas. Diasporas are primarily perceived as a source of information and advice, as well as a means of civic engagement for embassies and ministries/ departments.The author draws the following conclusion: first, today states involve diasporas in fulfillment of their diplomatic targets in terms of public diplomacy to promote national interests and reaching their personal goals; second, the notion of diaspora and diplomacy have been significantly widened lately and third, representatives of different diasporas often address diplomatic practice in official way by appointing honorary consuls or in an unofficial way through the activities of citizens-diplomats. Keywords: public diplomacy, diaspora, diaspora diplomacy, diaspora associations, receiving state, sending state.

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One of the major problems that the hague international court of law is trying to deal with is the question about the legality of the jewish settelments at the west bank of the Jorden river-one of the outcomes from the 1967 war. Throughout history, the treatment of non-combatant civilian populations has been examined from various angles, most prominently with respect to the issue of the displacement of those on the losing side of a conflict, while the victorious party often settles the seized land with "less desirable" elements within its own population.[1]This phenomenon is repeated in the exile of the Jewish people throughout history; the exile of criminals from England to Australia between 1788 and 1868; and in the appalling efforts of ethnic cleansing pursued by the Nazis in the Second World War, the Soviet Union's purge in Eastern Europe the 1950s, or the French rule of Algeria.[2]This has been the case in countless wars and conflicts worldwide, one of the most prominent of which is the Israeli-Palestinian conflict. Here, the issue at heart is Jewish settlement in an area the Palestinians call the "West Bank" of the Jordan River and that Jews refer to as "Judea and Samaria" and see as an inextricable part of their ancestral homeland, of which they had been robbed and which they liberated.On November 18, 2019, US Secretary of State Mike Pompeo announced an announcement that in this article I wish to examen as a reflection to the major problem that the hague court of law call that this is "a crime of war" and Israel call it "our legal right"-who is on the right side? At first glance, this statement seems to contradict everything that has been said, done statement? Or is it that the concept of "illegal settlements" is a distortion of the Geneva Convention?[3]The first chapter of this essay focuses on international law and whether it is a doctrine set in stone or a mutable fabric of woven conventions, including some that may be politically motivated or biased with respect to a certain issue, namely, populating disputed areas with the people of a party perceived as an occupying force.The second chapter of this essay focuses on the dispute over the settlement enterprise in the Israeli-Palestinian case and how it is viewed from a number of completely different perspectives.The third chapter of this essay focuses on the circ*mstances and motives that drove the latest American administration to make such a controversial statement.the big question is are these circ*mstances still valid under a new American regime? how such statement affects the Hauge court decisions about investigate the so called war crimes made in Israel?The final chapter of this essay will summarize and attempt to predict the future results of this move: Whether Israel — as the Palestinians have already warned[4] — plans to exploit the court move in favor of annexing areas it perceives as a bulwark against threats to its sovereignty, such as the Jordan Valley; or whether this move will brace the parties' ability to, for example, explore a land swap, and will this render the two-state solution[5] upon which the Israeli-Palestinian peace process has been so far based invalid.This paper will try to outline the possibilities this decision of the court may herald, and delve into its implications, reasoning, and potential consequences. On this days that we make the scope on the Hague court to check Israel crime of war this essay will try to open another scope to events that occurred only three years ago.[1] Morgenthau, H. J. (1948). Politics Among Nations: The Struggle for Power and Peace, New York, Alfred A. Knopf, p.50[2] Barclay, F (2017). "Settler colonialism and French Algeria" in Settler Colonial Studies, Vol. 8, no.2, pp.115-130[3] Baker, Alan (2019). "The Legality of Israel’s Settlements: Flaws in the Carter-Era Hansell Memorandum," Jerusalem Center for Public Affairs[4] Kuttab, Daoud (2019). "Pompeo's gift to Netanyahu might bring about new Israeli annexation," Al-Monitor.com[5] The two-state solution to the Israeli–Palestinian conflict envisages an independent Palestinian state alongside the State of Israel, west of the Jordan River. It is at the core of the 1993 Oslo Accords signed between the parties.

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With the inauguration of the Yoon Seok-ryul government, discussions on police reform are hot. The core of this can be seen as the establishment of a so-called “police station” within the Ministry of Public Administration and Security, and the reason why the establishment of a police station became a key task in the Yoon Seok-ryul government is that control of the police has been raised as police investigation rights have expanded. Accordingly, Minister of Public Administration and Security Lee Sang-min launched the Police System Improvement Advisory Committee (hereinafter abbreviated as the Advisory Committee), established a police station in the Ministry of Public Administration and Security according to the advisory committee’s recommendation, and the police station was launched on August 2, 2022. Regarding the launch of the police station, there is constant controversy over whether “security” is the secretary of the Ministry of Public Administration and Security, and Article 34 (5) of the Government Organization Act stipulates security affairs as the National Police Agency, but it is not separately stipulated in the duties of the Minister of Public Administration and Security. However, through the revision of the Criminal Procedure Act and the Prosecutor’s Office Act in 2020, the prosecution’s command of investigation was abolished, and the scope of direct investigation was limited to six crimes, and reduced to two crimes (0.4%) through the revision in 2022. According to this, the judicial police have the right to initiate and proceed with the investigation of 99.6% cases and terminate the investigation, so a new interpretation of the police’s investigation work is needed. As a result, the Minister of Justice and the Minister of Public Administration and Security were forced to review the final attribution of the police investigation, and eventually appeared as a consultative office for the enactment of the Presidential Decree, which stipulates the investigation rules under Article 196 (2) of the Criminal Procedure Act. This is because Article 66 (Presidential Status/Responsibility) (4) stipulates that “administrative power belongs to the government” and Article 88 (Power/Composition of the State Council) (1) stipulates that “the State Council deliberates on important policies under the authority of the government”. However, no matter what judicial system is followed, the criminal justice system is directly related to the rights and interests of the people in the process of realizing the national criminal right, and it is difficult to correct it if it is incompletely designed due to the nature of the system. The problem is that although the Criminal Procedure Act was revised in the name of judicial reform, much of the case was granted to judicial police officers, ignoring the reality of Korea being investigated by judicial police officers, which is a modified structure different from the continental and Anglo-American judicial systems. In the end, it is necessary to revise the Criminal Procedure Act with the police and the prosecutor’s system, and if necessary, reform should be carried out in a way that restores the prosecution’s (quasi) judicial character through the separation of the prosecutor’s (direct) investigation and the prosecution’s an investigative command.

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Allan Meltzer's career in economics has featured outstanding contributions in an astonishingly wide range of activities. As the basis of all of these, of course, lies his work in economic research. Perhaps most well known is Allan's long line of papers in monetary economics, many written together with Karl Brunner, which helped to establish the broad and widely accepted approach once known as monetarism. But several other areas have, at different times, attracted his main research efforts; among these are business-cycle analysis, financial intermediation, analytical political economy, and the history of economic thought. Recently, he has become deeply immersed in a major historical project — the writing of an extensive history of the Federal Reserve System and its monetary policymaking. A second type of outstanding accomplishment has been Allan Meltzer's work as a conference-series creator and organizer. In the 1970's, he and Karl Brunner founded the Carnegie-Rochester Conference Series on Public Policy, which has been unusually fruitful as an incubator of new ideas and talent. Together, Brunner and Meltzer also founded the Interlaken Seminar on Analysis and Ideology, which for many years brought together economists, political philosophers, and other social scientists. Allan was a major contributor to Brunner's organization of the Konstanz Seminar on Monetary Theory and Policy — still a creative force in European economics — and with colleagues he created and ran the Carnegie Mellon Conference on Political Economy from 1979 to 1990.As if all this were not enough for three or four normal beings, Allan and Karl created the Shadow Open Market Committee. At its inception this was a unique institution, but it has since served as a model for other groups designed to provide policy analysis for a wider public audience. In terms of that latter objective, Allan has been and continues to be one of the economists most frequently sought out and quoted in the national and international press. He maintains an amazingly fresh and extensive store of knowledge about economic and social affairs the world over, one that he shares generously with other scholars.Allan Meltzer has not spent much time in full-time governmental positions, but has served extensively as a consultant or advisor to the U.S. Treasury and the Council of Economic Advisors, as well as official agencies in several other nations, including most notably the Bank of Japan. Also he has for several years spent a good bit of time at the American Enterprise Institute. For over 40 years, however, his principal professional home has been the Graduate School of Industrial Administration at Carnegie Mellon University.From the foregoing account, it will be obvious that Allan Meltzer is equipped with an enormous supply of energy and enthusiasm, as well as analytical ability. A closely related characteristic, familiar to all those who are lucky enough to spend time with him, is an unfailing attitude of optimism and cheerfulness.My interview with Allan took place on May 14, 1997, in his office, with its pleasant corner location in the new wing of GSIA's building. We talked in the afternoon and continued somewhat longer than intended because there was so much of interest to discuss. Even after 16 years of having nearby offices and multiple conversations — on days when we both are in Pittsburgh — I found it instructive and enjoyable to learn more about Allan Meltzer's remarkable career. The interview was taped, transcribed, and edited lightly.

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“Research, no matter how ‘good’, is incomplete, until it has been published.”1 In my opinion, otolaryngology residents, fellows and consultants do not lack in research or scholarly capability. However, “the proof of the pudding is (indeed) in the eating,” and scholarly societies are recognized not so much for what goes on within their hallowed halls, but for what are made public outside those walls. Indeed, “publishing” means to make something public.2 And though we may not lack in research, we certainly still lag in publication. I would therefore not be amiss in address the need for PSOHNS fellows, diplomates and trainees to publish, in electronic or hard-copy, in print or other media, including the social media. Because of my background, much of my reflections will deal with writing—but by no means do I mean to limit publication to that of the written word. Why write and publish? “Start Where You Are: Taking Your Place in the History of Scholarship”2 “Similar to others who write (historians and poets), scientists and those involved in research need to write … to leave behind a documented legacy of their accomplishments.”1 Whatever we discover or unearth in the laboratory, clinic or in the field; whether from samples, specimens, subjects, patients or participants; utilizing theoretical or applied instruments, materials and methods; simply “did not happen” unless it is documented and disseminated. In Filipino,“kung hindi nakasulat, hindi nangyari.” How often do we hear comments like “naisip ko na iyan,” or “na-presenta ko na iyan” or even “sinulat ko na iyan” at a scientific meeting where a speaker presents a study. The sad fact of the matter is that many of these colleagues may indeed have had similar thoughts, or delivered previous oral presentations, or even written reports. But because none of these had been properly published, they remain inaccessible to subsequent scholars, and are therefore neither cited nor acknowledged. “While ‘doing’ the research is important, ‘writing’ about why and how it was done, what was found, and what it means is far more important as it serves as a permanent record of scientific work that has been completed and accepted by peers.”1 And writing and publishing are an entirely different ball game from researching alone. Publication, or “making ideas public,” allows “scholars (to) provide each other with the opportunity to build on each other’s contributions, create dialogue (sometimes heated) with one another and join the documented and ongoing history of their field.”2 It is by participating in this “documented and ongoing history” of whatever field we may be in, that we and our specialty society gain international recognition and become internationally competitive. Taking your place in the history of scholarship starts where you are, as an author. Publication involves communication between the author and his or her audience via the written article.3 Unlike public speakers or performing artists, the author’s interaction with the audience is limited by the written and published work. Hence, “a successful researcher is usually a good communicator who has the ability to maximize the transmission of research findings to his or her chosen audience.”1 Setting the Stage: Advantages of Writing and Publication A few may write “for the pleasure derived from the creative activity of writing and intellectual sharing, and the desire to advance knowledge and benefit mankind” and for these individuals, “writing may act as a channel for expressing the joy of scientific discovery, and may even be regarded as a leisurely pursuit.”1 An historical article on Jose Rizal4 that I researched for a year and a half before the occasion of his 150th anniversary and another on the evolution of indirect laryngoscopy5 that I researched for two years are personal examples of these. For most everyone else, there are career, professional, institutional and practical advantages that can be gained from writing and publication.6 As far as career benefits are concerned, “getting published in prestigious, scholarly journals may have the most direct bearing on your appointment, promotion, tenure and advancement within your institution, organization and discipline.”2 The “up or out” situation faced by many young to mid-career academics would have been easily avoided by publishing early. Moreover, publications are the primary basis for promotion and advancement in academe. Professional benefits are just as important. For junior consultants and younger faculty, “having published articles in reputable international journals are a great help when applying for positions in foreign institutions, and when applying for competitive overseas fellowships.”1 As editor of our specialty scholarly journal, I receive numerous urgent requests from postgraduate residents and young diplomates (unaware of the tedious editing and peer review process) to rush-publish research they undertook in training, in fulfillment of publication requirements for overseas positions or fellowships they are applying for. Had they realized this earlier, they would have been much better-prepared. For more established consultants, “gaining recognition as experts in a particular field at regional and international levels leads to invitations to lecture at scientific meetings and refresher courses, and appointments as consultants to external agencies, expert panels and advisory boards, reviewer and editorial boards.”1 Much of my local and international travels are direct offshoots of previous research, lectures and publications. These generate further research and publication opportunities in turn, as track records in research and publication are considered in “applications for, extension of, and further research funding.”1 Closer to home, publication “increases (the) depth of knowledge in a particular subject that complements and hones clinical (practical) skills, and enables better teaching of students, clinical trainees and postgraduates.”1 Indeed, a true professor must have something to profess, and a well-published professor can certainly profess what he or she does more authoritatively. Of course, the practical benefits gained from engaging in the research and publication process cannot be overlooked. The “inherent training gained during the process of manuscript preparation,” the “discipline of performing a thorough literature search, collating and analyzing data and drafting and repeatedly revising the manuscript”1 during the editing and review process, provide undeniable practical benefits to the author. Researchers who have published are much better positioned to evaluate scholarly publications, having themselves experienced the writing, editing and review process. In this era of “information overload” the published researcher can more effectively evaluate and utilize available evidence. Because of institutional benefits, it is in the best interests of our scholarly society to encourage scholarly writing, as “publication in peer-reviewed journals is arguably the most important means to achieve international recognition for an individual, department, hospital, and university.”1 Various international survey and ranking systems place a premium on such publication, explaining why Philippine academic institutions lag behind their counterparts in Asia and the rest of the world. It is also in the best interests of the Philippines that her clinicians, scientists, artists and scholars publish, as “the author’s country, and even the region, may also derive benefit from published work, particularly if it is on a topic of major importance.”1 At least in the medical field, Filipino publications have made their mark, albeit sparsely. The UP College of Medicine and National Health Sciences Journal Acta Medica Philippina is the source of material indelibly inscribed in the world medical map, and we certainly look forward to the Philippine Journal of Otolaryngology Head and Neck Surgery doing the same. The generous research allocation for Fellows and full support for our journal by the PSOHNS Board of Trustees are a step in the right direction, as are the annual awarding of the Outstanding ENT Specialist in Research and Editors’ Pick Outstanding Research Publication. In keeping with international practice, we should accord due public recognition to our excellent Reviewers and Editors at official PSOHNS functions such as Annual Conventions, if but for the recognition they reciprocally bring to the society. The American Academy of Otolaryngology Head and Neck Surgery has journal Editors and Star Reviewers wear special ribbons at their Annual Meeting, and openly campaigns for participants to thank these reviewers for their contribution. On another note, I was elected President 2014-2016 of the Asia Pacific Association of Medical Journal Editors during the recent Joint Meeting of APAME and the Western Pacific Region Index Medicus and Index Medicus of the South East Asia Region of WHO in Ulaanbaatar, Mongolia last August 15 – 17, 2014. This is fortuitous as we prepare to host the APAME Convention 2015 and Joint Meeting with WPRIM and IMSEAR at the WHO Western Pacific Region Office, Sofitel Hotel and Philippine International Convention Center from August 24-26, 2015 in conjunction with FORUM 2015. The other officers are: Executive Vice President Prof. Jeong-Wook Seo (Korea), Vice President for Internal Affairs is Prof. Kiichiro Tsutani (Japan), Vice President for External Affairs Prof. Dai Tao (China), Secretary-General Prof. Wilfred Peh (Singapore). The Philippine Journal of Otolaryngology Head and Neck Surgery is now indexed in the HINARI Access to Research in Health Programme of the World Health Organization www.who.int/hinari making us readily available to a multitude of users from developing countries and increasing our accessibility tremendously. Our society and journal can be accessed via http://extranet.who.int/hinari/en/browse_publisher.php?pub=695 In addition, APAMED Central (on which the Philippine Journal of Otolaryngology Head and Neck Surgery is indexed) has been formally ratified for indexing in the worldwidescience.org database during the World Wide Science Alliance annual meeting in Tokyo last October 2014. Henceforth, all articles from Oct 19 2014, including this issue, will be searchable on this database. Finally, I am especially thankful to our President and my friend, Howard M. Enriquez, MD and the PSOHNS Board of Trustees (especially the Scientific Committee Chair and my friend Elmo R. Lago, Jr., MD) for the support given to me, and our journal on my ninth year as Editor-in-Chief.

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President Bush's forty-minute address to a crowd of some five thousand delegates at the annual conference of the American Israel Public Affairs Committee (AIPAC) was interrupted by twenty-four standing ovations. Particularly noteworthy is the president's frequently drawn parallel between Israel and Iraq. Bush is the third sitting president ever to address the lobbying group. The speech is carried on the organization's Web site at www.aipac.org

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Published each issue, this section strives to capture the tenor and content of popular conversations related to the Palestinians and the Arab-Israeli conflict, which are held on dynamic platforms unbound by traditional media. Therefore, items presented in this section are from a variety of sources and have been selected because they either have gone viral or represent a significant cultural moment or trend. A version of Palestine Unbound is also published on Palestine Square (palestinesquare.com), a blog of the Institute for Palestine Studies. Stories from this quarter (16 November 2018–15 February 2019) include the induction of the first Palestinian woman, Rashida Tlaib (D-MI), into U.S. congress; the steep public censure of a second Muslim congresswoman, Ilahn Omar (D-MN), for her criticism of the influence the pro-Israel lobbying group American Israel Public Affiars Committee (AIPAC) has over U.S. politics; and the firing of professor/activist Marc Lamont Hill for his pro-Palestinian speech at UN headquarters. Trending hastags this quarter are #TweetYourThobe, #StandWithIlhan, and #IStandWithMLH.

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On 23 August 2005, John Howard, then Prime Minister, called together Muslim ‘representatives’ from around the nation for a Muslim Summit in response to the London bombings in July of that year. One of the outcomes of the two hour summit was a Statement of Principles committing Muslim communities in Australia to resist radicalisation and pursue a ‘moderate’ Islam. Since then the ill-defined term ‘moderate Muslim’ has been used in both the political and media discourse to refer to a preferred form of Islamic practice that does not challenge the hegemony of the nation state and that is coherent with the principles of secularism. Akbarzadeh and Smith conclude that the terms ‘moderate’ and ‘mainstream’ are used to describe Muslims whom Australians should not fear in contrast to ‘extremists’. Ironically, the policy direction towards regulating the practice of Islam in Australia in favour of a state defined ‘moderate’ Islam signals an attempt by the state to mediate the practice of religion, undermining the ethos of secularism as it is expressed in the Australian Constitution. It also – arguably – impacts upon the citizenship rights of Australian Muslims in so far as citizenship presents not just as a formal set of rights accorded to an individual but also to democratic participation: the ability of citizens to enjoy those rights at a substantive level. Based on the findings of research into how Australian Muslims and members of the broader community are responding to the political and media discourses on terrorism, this article examines the impact of these discourses on how Muslims are practicing citizenship and re-defining an Australian Muslim identity. Free Speech Free speech has been a hallmark of liberal democracies ever since its defence became part of the First Amendment to the United States Constitution. The Australian Constitution does not expressly contain a provision for free speech. The right to free speech in Australia is implied in Australia’s ratification of the United Nations Universal Declaration of Human Rights (UDHR), article 19 of which affirms: Article 19. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. The ultimate recent endorsem*nt of free speech rights, arguably associated with the radical free speech ‘open platform’ movement of the 1960s at the University of California Berkeley, constructs free speech as essential to human and civil liberties. Its approach has been expressed in terms such as: “I reject and detest XYZ views but will defend to the utmost a person’s right to express them”. An active defence of free speech is based on the observation that, unless held to account, “[Authorities] would grant free speech to those with whom they agree, but not to minorities whom they consider unorthodox or threatening” (“Online Archives of California”). Such minorities, differing from the majority view, do so as a right accorded to citizens. In very challenging circ*mstances – such as opposing the Cold War operations of the US Senate Anti-American Activities Committee – the free speech movement has been celebrated as holding fast (or embodying a ‘return’) to the true meaning of the American First Amendment. It was in public statements of unpopular and minority views, which opposed those of the majority, that the right to free speech could most non-controvertibly be demonstrated. Some have argued that such rights should be balanced by anti-vilification legislation, by prohibitions upon incitement to violence, and by considerations as to whether the organisation defended by the speaker was banned. In the latter case, there can be problems with excluding the defence of banned organisations from legitimate debate. In the 1970s and 1980s, for example, Sinn Fein was denounced in the UK as the ‘political wing of the IRA’ (the IRA being a banned organisation) and denied a speaking position in many forums, yet has proved to be an important party in the eventual reconciliation of the Northern Ireland divide. In effect, the banning of an organisation is a political act and such acts should best be interrogated through free speech and democratic debate. Arguably, such disputation is a responsibility of an involved citizenry. In general, liberal democracies such as Australia do not hesitate to claim that citizens have a right to free speech and that this is a right worth defending. There is a legitimate expectation by Australians of their rights as citizens to freedom of expression. For some Australian Muslims, however, the appeal to free speech seems a hollow one. Muslim citizens run the risk of being constructed as ‘un-Australian’ when they articulate their concerns or opinions. Calls by some Muslim leaders not to reprint the Danish cartoons depicting images of the Prophet Mohammed for example, met with a broader community backlash and drew responses that, typically, constructed Muslims as a threat to Australian cultural values of freedom and liberty. These kinds of responses to expressions by Australian Muslims of their deeply held convictions are rarely, if ever, interpreted as attempts to curtail Australian Muslims’ rights to free speech. There is a poor fit between what many Australian Muslims believe and what they feel the current climate in Australia allows them to say in the public domain. Positioned as the potential ‘enemy within’ in the evolving media and political discourse post September 11, they have been allocated restricted speaking positions on many subjects from the role and training of their Imams to the right to request Sharia courts (which could operate in parallel with Australian courts in the same way that Catholic divorce/annulment courts do). These social and political restrictions lead them to question whether Muslims enjoy citizenship rights on an equal footing with Australians from the broader community. The following comment from an Australian woman, an Iraqi refugee, made in a research interview demonstrates this: The media say that if you are Australian it means that you enjoy freedom, you enjoy the rights of citizenship. That is the idea of what it means to be Australian, that you do those things. But if you are a Muslim, you are not Australian. You are a people who are dangerous, a people who are suspicious, a people who do not want democracy—all the characteristics that make up terrorists. So yes, there is a difference, a big difference. And it is a feeling all Muslims have, not just me, whether you are at school, at work, and especially if you wear the hijab. (Translated from Arabic by Anne Aly) At the same time, Australian Muslims observe some members of the broader community making strong assertions about Muslims (often based on misunderstanding or misinformation) with very little in the way of censure or rebuke. For example, again in 2005, Liberal backbenchers Sophie Panopoulos and Bronwyn Bishop made an emotive plea for the banning of headscarves in public schools, drawing explicitly on the historically inherited image of Islam as a violent, backward and oppressive ideology that has no place in Western liberal democracy: I fear a frightening Islamic class emerging, supported by a perverse interpretation of the Koran where disenchantment breeds disengagement, where powerful and subversive orthodoxies are inculcated into passionate and impressionable young Muslims, where the Islamic mosque becomes the breeding ground for violence and rejection of Australian law and ideals, where extremists hijack the Islamic faith with their own prescriptive and unbending version of the Koran and where extremist views are given currency and validity … . Why should one section of the community be stuck in the Dark Ages of compliance cloaked under a veil of some distorted form of religious freedom? (Panopoulos) Several studies attest to the fact that, since the terrorist attacks in the United States in September 2001, Islam, and by association Australian Muslims, have been positioned as other in the political and media discourse (see for example Aly). The construct of Muslims as ‘out of place’ (Saniotis) denies them entry and representation in the public sphere: a key requisite for democratic participation according to Habermas (cited in Haas). This notion of a lack of a context for Muslim citizenship in Australian public spheres arises out of the popular construction of ‘Muslim’ and ‘Australian’ as mutually exclusive modes of being. Denied access to public spaces to partake in democratic dialogue as political citizens, Australian Muslims must pursue alternative communicative spaces. Some respond by limiting their expressions to closed spheres of communication – a kind of enforced silence. Others respond by pursuing alternative media discourses that challenge the dominant stereotypes of Muslims in Western media and reinforce majority-world cultural views. Enforced Silence In closed spheres of discussion, Australian Muslims can openly share their perceptions about terrorism, the government and media. Speaking openly in public however, is not common practice and results in forced silence for fear of reprisal or being branded a terrorist: “if we jump up and go ‘oh how dare you say this, rah, rah’, he’ll be like ‘oh he’s going to go off, he’ll blow something up’”. One research participant recalled that when his work colleagues were discussing the September 11 attacks he decided not to partake in the conversation because it “might be taken against me”. The participant made this decision despite the fact that his colleagues were expressing the opinion that United States foreign policy was the likely cause for the attacks—an opinion with which he agreed. This suggests some support for the theory that the fear of social isolation may make Australian Muslims especially anxious or fearful of expressing opinions about terrorism in public discussions (Noelle-Neumann). However, it also suggests that the fear of social isolation for Muslims is not solely related to the expression of minority opinion, as theorised in Noelle-Neumann’s Spiral of Silence . Given that many members of the wider community shared the theory that the attacks on the Pentagon and the World Trade Centre in 2001 may have been a response to American foreign policy, this may well not be a minority view. Nonetheless, Australian Muslims hesitated to embrace it. Saniotis draws attention to the pressure on Australian Muslims to publicly distance themselves from the terrorist attacks of September 11 and to openly denounce the actions of terrorists. The extent to which Muslims were positioned as a threatening other was contingent on their ability to demonstrate that they too participated in the distal responses to the terrorist attacks—initial pity for the sufferer and eventual marginalisation and rejection of the perceived aggressor. Australian Muslims were obliged to declare their loyalty and commitment to Australia’s ally and, in this way, partake in the nationalistic responses to the threat of terrorism. At the same time however, Australian Muslims were positioned as an imagined enemy and a threat to national identity. Australian Muslims were therefore placed in a paradoxical bind- as Australians they were expected to respond as the victims of fear; as Muslims they were positioned as the objects of fear. Even in discussions where their opinions are congruent with the dominant opinion being expressed, Australian Muslims describe themselves as feeling apprehensive or anxious about expressing their opinions because of how these “might be taken”. Pursuing alternative discourses The overriding message from the research project’s Muslim participants was that the media, as a powerful purveyor of public opinion, had inculcated a perception of Muslims as a risk to Australia and Australians: an ‘enemy within’; the potential ‘home grown terrorist’. The daily experience of visibly-different Australian Muslims, however, is that they are more fearing than fear-inspiring. The Aly and Balnaves fear scale indicates that Australian Muslims have twice as many fear indicators as non-Muslims Australians. Disengagement from Western media and media that is seen to be influenced or controlled by the West is widespread among Australian Muslims who increasingly argue that the media institutions are motivated by an agenda that includes profit and the perpetuation of a negative stereotype of Muslims both in Australia and around the globe, particularly in relation to Middle Eastern affairs. The negative stereotypes of Muslims in the Australian media have inculcated a sense of victimhood which Muslims in Australia have used as the basis for a reconstruction of their identity and the creation of alternative narratives of belonging (Aly). Central to the notion of identity among Australian Muslims is a sense of having their citizenship rights curtailed by virtue of their faith: of being included in a general Western dismissal of Muslims’ rights and experiences. As one interviewee said: If you look at the Channel Al Jazeera for example, it’s a channel but they aren’t making up stories, they are taping videos in Iraqi, Palestine and other Muslim countries, and they just show it to people, that’s all they do. And then George Bush, you know, we hear on the news that George Bush was discussing with Tony Blair that he was thinking to bomb Al Jazeera so why would these people have their right to freedom and we don’t? So that’s why I think the people who are in power, they have the control over the media, and it’s a big political game. Because if it wasn’t then George Bush, he’s the symbol of politics, why would he want to bomb Al Jazeera for example? Amidst leaks and rumours (Timms) that the 2003 US bombing of Al Jazeera was a deliberate attack upon one of the few elements of the public sphere in which some Western-nationality Muslims have confidence, many elements of the mainstream Western media rose to Al Jazeera’s defence. For example, using an appeal to the right of citizens to engage in and consume free speech, the editors of influential US paper The Nation commented that: If the classified memo detailing President Bush’s alleged proposal to bomb the headquarters of Al Jazeera is provided to The Nation, we will publish the relevant sections. Why is it so vital that this information be made available to the American people? Because if a President who claims to be using the US military to liberate countries in order to spread freedom then conspires to destroy media that fail to echo his sentiments, he does not merely disgrace his office and soil the reputation of his country. He attacks a fundamental principle, freedom of the press—particularly a dissenting and disagreeable press—upon which that country was founded. (cited in Scahill) For other Australian Muslims, it is the fact that some media organisations have been listed as banned by the US that gives them their ultimate credibility. This is the case with Al Manar, for example. Feeling that they are denied access to public spaces to partake in democratic dialogue as equal political citizens, Australian Muslims are pursuing alternative communicative spaces that support and reinforce their own cultural worldviews. The act of engaging with marginalised and alternative communicative spaces constitutes what Clifford terms ‘collective practices of displaced dwelling’. It is through these practices of displaced dwelling that Australian Muslims essentialise their diasporic identity and negotiate new identities based on common perceptions of injustice against Muslims. But you look at Al Jazeera they talk in the same tongue as the Western media in our language. And then you look again at something like Al Manar who talks of their own tongue. They do not use the other media’s ideas. They have been attacked by the Australians, been attacked by the Israelis and they have their own opinion. This statement came from an Australian Muslim of Jordanian background in her late forties. It reflects a growing trend towards engaging with media messages that coincide with and reinforce a sense of injustice. The Al Manar television station to which this participant refers is a Lebanese based station run by the militant Hezbollah movement and accessible to Australians via satellite. Much like Al Jazeera, Al Manar broadcasts images of Iraqi and Palestinian suffering and, in the recent war between Israel and Hezbollah, graphic images of Lebanese casualties of Israeli air strikes. Unlike the Al Jazeera broadcasts, these images are formatted into video clips accompanied by music and lyrics such as “we do not fear America”. Despite political pressure including a decision by the US to list Al Manar as a terrorist organisation in December 2004, just one week after a French ban on the station because its programming had “a militant perspective with anti-Semitic connotations” (Jorisch), Al Manar continued to broadcast videos depicting the US as the “mother of terrorism”. In one particularly graphic sequence, the Statue of Liberty rises from the depths of the sea, wielding a knife in place of the torch and dripping in blood, her face altered to resemble a skull. As she rises out of the sea accompanied by music resembling a funeral march the following words in Arabic are emblazoned across the screen: On the dead bodies of millions of native Americans And through the enslavement of tens of millions Africans The US rose It pried into the affairs of most countries in the world After an extensive list of countries impacted by US foreign policy including China, Japan, Congo, Vietnam, Peru, Laos, Libya and Guatamala, the video comes to a gruelling halt with the words ‘America owes blood to all of humanity’. Another video juxtaposes images of Bush with Hitler with the caption ‘History repeats itself’. One website run by the Coalition against Media Terrorism refers to Al Manar as ‘the beacon of hatred’ and applauds the decisions by the French and US governments to ban the station. Al Manar defended itself against the bans stating on its website that they are attempts “to terrorise and silence thoughts that are not in line with the US and Israeli policies.” The station claims that it continues on its mission “to carry the message of defending our peoples’ rights, holy places and just causes…within internationally agreed professional laws and standards”. The particular brand of propaganda employed by Al Manar is gaining popularity among some Muslims in Australia largely because it affirms their own views and opinions and offers them opportunities to engage in an alternative public space in which Muslims are positioned as the victims and not the aggressors. Renegotiating an ‘Othered’ Identity The negative portrayal of Muslims as ‘other’ in the Australian media and in political discourse has resulted in Australian Muslims constructing alternative identities based on a common perception of injustice. Particularly since the terrorist attacks on the World Trade Centre in September 2001 and the ensuing “war on terror”, the ethnic divisions within the Muslim diaspora are becoming less significant as Australian Muslims reconstruct their identity based on a notion of supporting each other in the face of a global alliance against Islam. Religious identity is increasingly becoming the identity of choice for Muslims in Australia. This causes problems, however, since religious identity has no place in the liberal democratic model, which espouses secularism. This is particularly the case where that religion is sometimes constructed as being at odds with the principles and values of liberal democracy; namely tolerance and adherence to the rule of law. This problematic creates a context in which Muslim Australians are not only denied their heterogeneity in the media and political discourse but are dealt with through an understanding of Islam that is constructed on the basis of a cultural and ideological clash between Islam and the West. Religion has become the sole and only characteristic by which Muslims are recognised, denying them political citizenship and access to the public spaces of citizenship. Such ‘essentialising practices’ as eliding considerable diversity into a single descriptor serves to reinforce and consolidate diasporic identity among Muslims in Australia, but does little to promote and assist participatory citizenship or to equip Muslims with the tools necessary to access the public sphere as political citizens of the secular state. In such circ*mstances, the moderate Muslim may be not so much a ‘preferred’ citizen as one whose rights has been constrained. Acknowledgment This paper is based on the findings of an Australian Research Council Discovery Project, 2005-7, involving 10 focus groups and 60 in-depth interviews. The authors wish to acknowledge the participation and contributions of WA community members. References Akbarzadeh, Shahram, and Bianca Smith. The Representation of Islam and Muslims in the Media (The Age and Herald Sun Newspapers). Melbourne: Monash University, 2005. Aly, Anne, and Mark Balnaves. ”‘They Want Us to Be Afraid’: Developing Metrics of the Fear of Terrorism.” International Journal of Diversity in Organisations, Communities and Nations 6 (2007): 113-122. Aly, Anne. “Australian Muslim Responses to the Discourse on Terrorism in the Australian Popular Media.” Australian Journal of Social Issues 42.1 (2007): 27-40. Clifford, James. Routes: Travel and Translation in the Late Twentieth Century. London: Harvard UP, 1997. Haas, Tanni. “The Public Sphere as a Sphere of Publics: Rethinking Habermas’s Theory of the Public Sphere.” Journal of Communication 54.1 (2004): 178- 84. Jorisch, Avi. J. “Al-Manar and the War in Iraq.” Middle East Intelligence Bulletin 5.2 (2003). Noelle-Neumann, Elisabeth. “The Spiral of Silence: A Theory of Public Opinion.” Journal of Communication 24.2 (1974): 43-52. “Online Archives of California”. California Digital Library. n.d. Feb. 2008 < http://content.cdlib.org/ark:/13030/kt1199n498/?&query= %22open%20platform%22&brand=oac&hit.rank=1 >. Panopoulos, Sophie. Parliamentary debate, 5 Sep. 2005. Feb. 2008 < http://www.aph.gov.au.hansard >. Saniotis, Arthur. “Embodying Ambivalence: Muslim Australians as ‘Other’.” Journal of Australian Studies 82 (2004): 49-58. Scahill, Jeremy. “The War on Al-Jazeera (Comment)”. 2005. The Nation. Feb. 2008 < http://www.thenation.com/doc/20051219/scahill >. Timms, Dominic. “Al-Jazeera Seeks Answers over Bombing Memo”. 2005. Media Guardian. Feb. 2008 < http://www.guardian.co.uk/media/2005/nov/23/iraq.iraqandthemedia >.

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On 23 August 2005, John Howard, then Prime Minister, called together Muslim ‘representatives’ from around the nation for a Muslim Summit in response to the London bombings in July of that year. One of the outcomes of the two hour summit was a Statement of Principles committing Muslim communities in Australia to resist radicalisation and pursue a ‘moderate’ Islam. Since then the ill-defined term ‘moderate Muslim’ has been used in both the political and media discourse to refer to a preferred form of Islamic practice that does not challenge the hegemony of the nation state and that is coherent with the principles of secularism. Akbarzadeh and Smith conclude that the terms ‘moderate’ and ‘mainstream’ are used to describe Muslims whom Australians should not fear in contrast to ‘extremists’. Ironically, the policy direction towards regulating the practice of Islam in Australia in favour of a state defined ‘moderate’ Islam signals an attempt by the state to mediate the practice of religion, undermining the ethos of secularism as it is expressed in the Australian Constitution. It also – arguably – impacts upon the citizenship rights of Australian Muslims in so far as citizenship presents not just as a formal set of rights accorded to an individual but also to democratic participation: the ability of citizens to enjoy those rights at a substantive level. Based on the findings of research into how Australian Muslims and members of the broader community are responding to the political and media discourses on terrorism, this article examines the impact of these discourses on how Muslims are practicing citizenship and re-defining an Australian Muslim identity. Free Speech Free speech has been a hallmark of liberal democracies ever since its defence became part of the First Amendment to the United States Constitution. The Australian Constitution does not expressly contain a provision for free speech. The right to free speech in Australia is implied in Australia’s ratification of the United Nations Universal Declaration of Human Rights (UDHR), article 19 of which affirms: Article 19. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. The ultimate recent endorsem*nt of free speech rights, arguably associated with the radical free speech ‘open platform’ movement of the 1960s at the University of California Berkeley, constructs free speech as essential to human and civil liberties. Its approach has been expressed in terms such as: “I reject and detest XYZ views but will defend to the utmost a person’s right to express them”. An active defence of free speech is based on the observation that, unless held to account, “[Authorities] would grant free speech to those with whom they agree, but not to minorities whom they consider unorthodox or threatening” (“Online Archives of California”). Such minorities, differing from the majority view, do so as a right accorded to citizens. In very challenging circ*mstances – such as opposing the Cold War operations of the US Senate Anti-American Activities Committee – the free speech movement has been celebrated as holding fast (or embodying a ‘return’) to the true meaning of the American First Amendment. It was in public statements of unpopular and minority views, which opposed those of the majority, that the right to free speech could most non-controvertibly be demonstrated. Some have argued that such rights should be balanced by anti-vilification legislation, by prohibitions upon incitement to violence, and by considerations as to whether the organisation defended by the speaker was banned. In the latter case, there can be problems with excluding the defence of banned organisations from legitimate debate. In the 1970s and 1980s, for example, Sinn Fein was denounced in the UK as the ‘political wing of the IRA’ (the IRA being a banned organisation) and denied a speaking position in many forums, yet has proved to be an important party in the eventual reconciliation of the Northern Ireland divide. In effect, the banning of an organisation is a political act and such acts should best be interrogated through free speech and democratic debate. Arguably, such disputation is a responsibility of an involved citizenry. In general, liberal democracies such as Australia do not hesitate to claim that citizens have a right to free speech and that this is a right worth defending. There is a legitimate expectation by Australians of their rights as citizens to freedom of expression. For some Australian Muslims, however, the appeal to free speech seems a hollow one. Muslim citizens run the risk of being constructed as ‘un-Australian’ when they articulate their concerns or opinions. Calls by some Muslim leaders not to reprint the Danish cartoons depicting images of the Prophet Mohammed for example, met with a broader community backlash and drew responses that, typically, constructed Muslims as a threat to Australian cultural values of freedom and liberty. These kinds of responses to expressions by Australian Muslims of their deeply held convictions are rarely, if ever, interpreted as attempts to curtail Australian Muslims’ rights to free speech. There is a poor fit between what many Australian Muslims believe and what they feel the current climate in Australia allows them to say in the public domain. Positioned as the potential ‘enemy within’ in the evolving media and political discourse post September 11, they have been allocated restricted speaking positions on many subjects from the role and training of their Imams to the right to request Sharia courts (which could operate in parallel with Australian courts in the same way that Catholic divorce/annulment courts do). These social and political restrictions lead them to question whether Muslims enjoy citizenship rights on an equal footing with Australians from the broader community. The following comment from an Australian woman, an Iraqi refugee, made in a research interview demonstrates this: The media say that if you are Australian it means that you enjoy freedom, you enjoy the rights of citizenship. That is the idea of what it means to be Australian, that you do those things. But if you are a Muslim, you are not Australian. You are a people who are dangerous, a people who are suspicious, a people who do not want democracy—all the characteristics that make up terrorists. So yes, there is a difference, a big difference. And it is a feeling all Muslims have, not just me, whether you are at school, at work, and especially if you wear the hijab. (Translated from Arabic by Anne Aly) At the same time, Australian Muslims observe some members of the broader community making strong assertions about Muslims (often based on misunderstanding or misinformation) with very little in the way of censure or rebuke. For example, again in 2005, Liberal backbenchers Sophie Panopoulos and Bronwyn Bishop made an emotive plea for the banning of headscarves in public schools, drawing explicitly on the historically inherited image of Islam as a violent, backward and oppressive ideology that has no place in Western liberal democracy: I fear a frightening Islamic class emerging, supported by a perverse interpretation of the Koran where disenchantment breeds disengagement, where powerful and subversive orthodoxies are inculcated into passionate and impressionable young Muslims, where the Islamic mosque becomes the breeding ground for violence and rejection of Australian law and ideals, where extremists hijack the Islamic faith with their own prescriptive and unbending version of the Koran and where extremist views are given currency and validity … . Why should one section of the community be stuck in the Dark Ages of compliance cloaked under a veil of some distorted form of religious freedom? (Panopoulos) Several studies attest to the fact that, since the terrorist attacks in the United States in September 2001, Islam, and by association Australian Muslims, have been positioned as other in the political and media discourse (see for example Aly). The construct of Muslims as ‘out of place’ (Saniotis) denies them entry and representation in the public sphere: a key requisite for democratic participation according to Habermas (cited in Haas). This notion of a lack of a context for Muslim citizenship in Australian public spheres arises out of the popular construction of ‘Muslim’ and ‘Australian’ as mutually exclusive modes of being. Denied access to public spaces to partake in democratic dialogue as political citizens, Australian Muslims must pursue alternative communicative spaces. Some respond by limiting their expressions to closed spheres of communication – a kind of enforced silence. Others respond by pursuing alternative media discourses that challenge the dominant stereotypes of Muslims in Western media and reinforce majority-world cultural views. Enforced Silence In closed spheres of discussion, Australian Muslims can openly share their perceptions about terrorism, the government and media. Speaking openly in public however, is not common practice and results in forced silence for fear of reprisal or being branded a terrorist: “if we jump up and go ‘oh how dare you say this, rah, rah’, he’ll be like ‘oh he’s going to go off, he’ll blow something up’”. One research participant recalled that when his work colleagues were discussing the September 11 attacks he decided not to partake in the conversation because it “might be taken against me”. The participant made this decision despite the fact that his colleagues were expressing the opinion that United States foreign policy was the likely cause for the attacks—an opinion with which he agreed. This suggests some support for the theory that the fear of social isolation may make Australian Muslims especially anxious or fearful of expressing opinions about terrorism in public discussions (Noelle-Neumann). However, it also suggests that the fear of social isolation for Muslims is not solely related to the expression of minority opinion, as theorised in Noelle-Neumann’s Spiral of Silence . Given that many members of the wider community shared the theory that the attacks on the Pentagon and the World Trade Centre in 2001 may have been a response to American foreign policy, this may well not be a minority view. Nonetheless, Australian Muslims hesitated to embrace it. Saniotis draws attention to the pressure on Australian Muslims to publicly distance themselves from the terrorist attacks of September 11 and to openly denounce the actions of terrorists. The extent to which Muslims were positioned as a threatening other was contingent on their ability to demonstrate that they too participated in the distal responses to the terrorist attacks—initial pity for the sufferer and eventual marginalisation and rejection of the perceived aggressor. Australian Muslims were obliged to declare their loyalty and commitment to Australia’s ally and, in this way, partake in the nationalistic responses to the threat of terrorism. At the same time however, Australian Muslims were positioned as an imagined enemy and a threat to national identity. Australian Muslims were therefore placed in a paradoxical bind- as Australians they were expected to respond as the victims of fear; as Muslims they were positioned as the objects of fear. Even in discussions where their opinions are congruent with the dominant opinion being expressed, Australian Muslims describe themselves as feeling apprehensive or anxious about expressing their opinions because of how these “might be taken”. Pursuing alternative discourses The overriding message from the research project’s Muslim participants was that the media, as a powerful purveyor of public opinion, had inculcated a perception of Muslims as a risk to Australia and Australians: an ‘enemy within’; the potential ‘home grown terrorist’. The daily experience of visibly-different Australian Muslims, however, is that they are more fearing than fear-inspiring. The Aly and Balnaves fear scale indicates that Australian Muslims have twice as many fear indicators as non-Muslims Australians. Disengagement from Western media and media that is seen to be influenced or controlled by the West is widespread among Australian Muslims who increasingly argue that the media institutions are motivated by an agenda that includes profit and the perpetuation of a negative stereotype of Muslims both in Australia and around the globe, particularly in relation to Middle Eastern affairs. The negative stereotypes of Muslims in the Australian media have inculcated a sense of victimhood which Muslims in Australia have used as the basis for a reconstruction of their identity and the creation of alternative narratives of belonging (Aly). Central to the notion of identity among Australian Muslims is a sense of having their citizenship rights curtailed by virtue of their faith: of being included in a general Western dismissal of Muslims’ rights and experiences. As one interviewee said: If you look at the Channel Al Jazeera for example, it’s a channel but they aren’t making up stories, they are taping videos in Iraqi, Palestine and other Muslim countries, and they just show it to people, that’s all they do. And then George Bush, you know, we hear on the news that George Bush was discussing with Tony Blair that he was thinking to bomb Al Jazeera so why would these people have their right to freedom and we don’t? So that’s why I think the people who are in power, they have the control over the media, and it’s a big political game. Because if it wasn’t then George Bush, he’s the symbol of politics, why would he want to bomb Al Jazeera for example? Amidst leaks and rumours (Timms) that the 2003 US bombing of Al Jazeera was a deliberate attack upon one of the few elements of the public sphere in which some Western-nationality Muslims have confidence, many elements of the mainstream Western media rose to Al Jazeera’s defence. For example, using an appeal to the right of citizens to engage in and consume free speech, the editors of influential US paper The Nation commented that: If the classified memo detailing President Bush’s alleged proposal to bomb the headquarters of Al Jazeera is provided to The Nation, we will publish the relevant sections. Why is it so vital that this information be made available to the American people? Because if a President who claims to be using the US military to liberate countries in order to spread freedom then conspires to destroy media that fail to echo his sentiments, he does not merely disgrace his office and soil the reputation of his country. He attacks a fundamental principle, freedom of the press—particularly a dissenting and disagreeable press—upon which that country was founded. (cited in Scahill) For other Australian Muslims, it is the fact that some media organisations have been listed as banned by the US that gives them their ultimate credibility. This is the case with Al Manar, for example. Feeling that they are denied access to public spaces to partake in democratic dialogue as equal political citizens, Australian Muslims are pursuing alternative communicative spaces that support and reinforce their own cultural worldviews. The act of engaging with marginalised and alternative communicative spaces constitutes what Clifford terms ‘collective practices of displaced dwelling’. It is through these practices of displaced dwelling that Australian Muslims essentialise their diasporic identity and negotiate new identities based on common perceptions of injustice against Muslims. But you look at Al Jazeera they talk in the same tongue as the Western media in our language. And then you look again at something like Al Manar who talks of their own tongue. They do not use the other media’s ideas. They have been attacked by the Australians, been attacked by the Israelis and they have their own opinion. This statement came from an Australian Muslim of Jordanian background in her late forties. It reflects a growing trend towards engaging with media messages that coincide with and reinforce a sense of injustice. The Al Manar television station to which this participant refers is a Lebanese based station run by the militant Hezbollah movement and accessible to Australians via satellite. Much like Al Jazeera, Al Manar broadcasts images of Iraqi and Palestinian suffering and, in the recent war between Israel and Hezbollah, graphic images of Lebanese casualties of Israeli air strikes. Unlike the Al Jazeera broadcasts, these images are formatted into video clips accompanied by music and lyrics such as “we do not fear America”. Despite political pressure including a decision by the US to list Al Manar as a terrorist organisation in December 2004, just one week after a French ban on the station because its programming had “a militant perspective with anti-Semitic connotations” (Jorisch), Al Manar continued to broadcast videos depicting the US as the “mother of terrorism”. In one particularly graphic sequence, the Statue of Liberty rises from the depths of the sea, wielding a knife in place of the torch and dripping in blood, her face altered to resemble a skull. As she rises out of the sea accompanied by music resembling a funeral march the following words in Arabic are emblazoned across the screen: On the dead bodies of millions of native Americans And through the enslavement of tens of millions Africans The US rose It pried into the affairs of most countries in the world After an extensive list of countries impacted by US foreign policy including China, Japan, Congo, Vietnam, Peru, Laos, Libya and Guatamala, the video comes to a gruelling halt with the words ‘America owes blood to all of humanity’. Another video juxtaposes images of Bush with Hitler with the caption ‘History repeats itself’. One website run by the Coalition against Media Terrorism refers to Al Manar as ‘the beacon of hatred’ and applauds the decisions by the French and US governments to ban the station. Al Manar defended itself against the bans stating on its website that they are attempts “to terrorise and silence thoughts that are not in line with the US and Israeli policies.” The station claims that it continues on its mission “to carry the message of defending our peoples’ rights, holy places and just causes…within internationally agreed professional laws and standards”. The particular brand of propaganda employed by Al Manar is gaining popularity among some Muslims in Australia largely because it affirms their own views and opinions and offers them opportunities to engage in an alternative public space in which Muslims are positioned as the victims and not the aggressors. Renegotiating an ‘Othered’ Identity The negative portrayal of Muslims as ‘other’ in the Australian media and in political discourse has resulted in Australian Muslims constructing alternative identities based on a common perception of injustice. Particularly since the terrorist attacks on the World Trade Centre in September 2001 and the ensuing “war on terror”, the ethnic divisions within the Muslim diaspora are becoming less significant as Australian Muslims reconstruct their identity based on a notion of supporting each other in the face of a global alliance against Islam. Religious identity is increasingly becoming the identity of choice for Muslims in Australia. This causes problems, however, since religious identity has no place in the liberal democratic model, which espouses secularism. This is particularly the case where that religion is sometimes constructed as being at odds with the principles and values of liberal democracy; namely tolerance and adherence to the rule of law. This problematic creates a context in which Muslim Australians are not only denied their heterogeneity in the media and political discourse but are dealt with through an understanding of Islam that is constructed on the basis of a cultural and ideological clash between Islam and the West. Religion has become the sole and only characteristic by which Muslims are recognised, denying them political citizenship and access to the public spaces of citizenship. Such ‘essentialising practices’ as eliding considerable diversity into a single descriptor serves to reinforce and consolidate diasporic identity among Muslims in Australia, but does little to promote and assist participatory citizenship or to equip Muslims with the tools necessary to access the public sphere as political citizens of the secular state. In such circ*mstances, the moderate Muslim may be not so much a ‘preferred’ citizen as one whose rights has been constrained. Acknowledgment This paper is based on the findings of an Australian Research Council Discovery Project, 2005-7, involving 10 focus groups and 60 in-depth interviews. The authors wish to acknowledge the participation and contributions of WA community members. References Akbarzadeh, Shahram, and Bianca Smith. The Representation of Islam and Muslims in the Media (The Age and Herald Sun Newspapers). Melbourne: Monash University, 2005. Aly, Anne, and Mark Balnaves. ”‘They Want Us to Be Afraid’: Developing Metrics of the Fear of Terrorism.” International Journal of Diversity in Organisations, Communities and Nations 6 (2007): 113-122. Aly, Anne. “Australian Muslim Responses to the Discourse on Terrorism in the Australian Popular Media.” Australian Journal of Social Issues 42.1 (2007): 27-40. Clifford, James. Routes: Travel and Translation in the Late Twentieth Century. London: Harvard UP, 1997. Haas, Tanni. “The Public Sphere as a Sphere of Publics: Rethinking Habermas’s Theory of the Public Sphere.” Journal of Communication 54.1 (2004): 178- 84. Jorisch, Avi. J. “Al-Manar and the War in Iraq.” Middle East Intelligence Bulletin 5.2 (2003). Noelle-Neumann, Elisabeth. “The Spiral of Silence: A Theory of Public Opinion.” Journal of Communication 24.2 (1974): 43-52. “Online Archives of California”. California Digital Library. n.d. Feb. 2008 http://content.cdlib.org/ark:/13030/kt1199n498/?&query= %22open%20platform%22&brand=oac&hit.rank=1>. Panopoulos, Sophie. Parliamentary debate, 5 Sep. 2005. Feb. 2008 http://www.aph.gov.au.hansard>. Saniotis, Arthur. “Embodying Ambivalence: Muslim Australians as ‘Other’.” Journal of Australian Studies 82 (2004): 49-58. Scahill, Jeremy. “The War on Al-Jazeera (Comment)”. 2005. The Nation. Feb. 2008 http://www.thenation.com/doc/20051219/scahill>. Timms, Dominic. “Al-Jazeera Seeks Answers over Bombing Memo”. 2005. Media Guardian. Feb. 2008 http://www.guardian.co.uk/media/2005/nov/23/iraq.iraqandthemedia>. Citation reference for this article MLA Style Aly, Anne, and Lelia Green. "‘Moderate Islam’: Defining the Good Citizen." M/C Journal 10.6/11.1 (2008). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0804/08-aly-green.php>. APA Style Aly, A., and L. Green. (Apr. 2008) "‘Moderate Islam’: Defining the Good Citizen," M/C Journal, 10(6)/11(1). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0804/08-aly-green.php>.

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Introduction In any list of dictators and antagonists of the West the name of Libya’s Colonel Muammar Qaddafi will always rank highly as one of the most memorable, colourful and mercurial. The roles he played to his fellow Libyans, to regional groupings, to revolutionaries and to the West were complex and nuanced. These various roles developed over time but were all grounded in his self-belief as a messianic revolutionary figure. More importantly, these roles and behaviours that stemmed from them were instrumental in preserving Qaddafi’s rule and thwarting challenges to it. These facets of Qaddafi’s public self accord with the model of “persona” described by Marshall. Whilst the nature of political persona and celebrity in the Western world has been explored by several scholars (for example Street; Wilson), little work has been conducted on the use of persona by non-democratic leaders. This paper examines the aspects of persona exhibited by Colonel Qaddafi and applied during his tenure. In constructing his role as a revolutionary leader, Qaddafi was engaging in a form of public performance aimed at delivering himself to a wider audience. Whether at home or abroad, this persona served the purpose of helping the Libyan leader consolidate his power, stymie political opposition and export his revolutionary ideals. The trajectory of his persona begins in the early days of his coming to power as a charismatic leader during a “time of distress” (Weber) and culminates in his bloody end next to a roadside drainage culvert. In between these points Qaddafi’s persona underwent refinement and reinvention. Coupled with the legacy he left on the Libyan political system, the journey of Muammar Qaddafi’s personas demonstrate how political personality can be the salvation or damnation of an entire state.Qaddafi: The Brotherly RevolutionaryCaptain Muammar Qaddafi came to power in Libya in 1969 at the age of just 27. He was the leader of a group of military officers who overthrew King Idris in a popular and relatively bloodless coup founded on an ideology of post-colonial Arab nationalism and a doing away with the endemic corruption and nepotism that were the hallmarks of the monarchy. With this revolutionary cause in mind and in an early indication that he recognised the power of political image, Qaddafi showed restraint in adopting the trappings of office. His modest promotion to the rank of Colonel was an obvious example of this, and despite the fact that in practical terms he was the supreme commander of Libya’s armed forces, he resisted the temptation to formally aggrandize himself with military titles for the ensuing 42 years of his rule.High military rank was in a way irrelevant to a man moving to change his persona from army officer to messianic national leader. Switching away from a reliance on military hierarchy as a basis for his authority allowed Qaddafi to re-cast himself as a leader with a broader mission. He began to utilise titles such as “Chairman of the Revolutionary Command Council” (RCC) and “Brotherly Leader and Guide of the Revolution.” The persona on display here was one of detached impartiality and almost reluctant leadership. There was the suggestion that Qaddafi was not really acting as a head of state, but merely an ordinary Libyan who, through popular acclaim, was being begged to lead his people. The attraction of this persona remained until the bitter end for Qaddafi, with his professed inability to step aside from a leadership role he insisted he did not formally occupy. This accords with the contention of Weber, who describes how an individual favoured with charisma can step forward at a time of crisis to complete a “mission.” Once in a position of authority, perpetuating that role of leadership and acclamation can become the mission itself:The holder, of charisma seizes the task that is adequate for him and demands obedience and a following by virtue of his mission. His success determines whether he finds them. His charismatic claim breaks down if his mission is not recognized by those to whom he feels he has been sent. If they recognize him, he is their master—so long as he knows how to maintain recognition through ‘proving’ himself. But he does not derive his ‘right’ from their will, in the manner of an election. Rather, the reverse holds: it is the duty of those to whom he addresses his mission to recognize him as their charismatically qualified leader. (Weber 266-7)As his rule extended across the decades, Qaddafi fostered his revolutionary credentials via a typical cult of personality approach. His image appeared on everything from postage stamps to watches, bags, posters and billboards. Quotations from the Brother Leader were set to music and broadcast as pop songs. “Spontaneous” rallies of support would occur when crowds of loyalists would congregate to hear the Brotherly Leader speak. Although Qaddafi publicly claimed he did not like this level of public adoration he accepted it because the people wanted to adore him. It was widely known however that many of these crowds were paid to attend these rallies (Blundy and Lycett 16).Qaddafi: The Philosopher In developing his persona as a guide and a man who was sharing his natural gifts with the people, Qaddafi developed a post-colonial philosophy he called “Third Universal Theory.” This was published in volumes collectively known as The Green Book. This was mandatory reading for every Libyan and contained a distillation of Qaddafi’s thoughts and opinions on everything from sports to politics to religion to the differences between men and women. Whilst it may be tempting for outsiders to dismiss these writings as the scribbling of a dictator, the legacy of Qaddafi’s persona as political philosopher is worthy of some examination. For in offering his revelations to the Libyan people, Qaddafi extended his mandate beyond leader of a revolution and into the territory of “messianic reformer of a nation.”The Green Book was a three-part series. The first instalment was written in 1975 and focuses on the “problem of democracy” where Qaddafi proposes direct democracy as the best option for a progressive nation. The second instalment, published in 1977, focuses on economics and expounds socialism as the solution to all fiscal woes. (Direct popular action here was evidenced in the RCC making rental of real estate illegal, meaning that all tenants in the country suddenly found themselves granted ownership of the property they were occupying!) The final chapter, published in 1981, proposes the Third Universal Theory where Qaddafi outlines his unique solution for implementing direct democracy and socialism. Qaddafi coined a new term for his Islamically-inspired socialist utopia: Jamahiriya. This was defined as being a “state of the masses” and formed the blueprint for Libyan society which Qaddafi subsequently imposed.This model of direct democracy was part of the charismatic conceit Qaddafi cultivated: that the Libyan people were their own leaders and his role was merely as a benevolent agent acceding to their wishes. However the implementation of the Jamahiriya was anything but benevolent and its legacy has crippled post-Qaddafi Libya. Under this system, Libyans did have some control over their affairs at a very local level. Beyond this, an increasingly complex series of committees and regional groupings, over which the RCC had the right of veto, diluted the participation of ordinary citizens and their ability to coalesce around any individual leader. The banning of standard avenues of political organisation, such as parties and unions, coupled with a ruthless police state that detained and executed anyone offering even a hint of political dissent served to snuff out any opposition before it had a chance to gather pace. The result was that there were no Libyans with enough leadership experience or public profile to take over when Qaddafi was ousted in 2011.Qaddafi: The Liberator In a further plank of his revolutionary persona Qaddafi turned to the world beyond Libya to offer his brotherly guidance. This saw him champion any cause that claimed to be a liberation or resistance movement struggling against the shackles of colonialism. He tended to favour groups that had ideologies aligned with his own, namely Arab unity and the elimination of Israel, but ultimately was not consistent in this regard. Aside from Palestinian nationalists, financial support was offered to groups such as the Provisional Irish Republican Army, the Moro National Liberation Front (Philippines), Umkhonto we Sizwe (South Africa), ETA (Spain), the Polisario Front (Western Sahara), and even separatist indigenous Australians. This policy of backing revolutionary groups was certainly a projection of his persona as a charismatic enabler of the revolutionary mission. However, the reception of this mission in the wider world formed the basis for the image that Qaddafi most commonly occupied in Western eyes.In 1979 the ongoing Libyan support for groups pursuing violent action against Israel and the West saw the country designated a State-Sponsor of Terror by the US Department of State. Diplomatic relations between the two nations were severed and did not resume until 2004. At this point Qaddafi seemed to adopt a persona of “opponent of the West,” ostensibly on behalf of the world’s downtrodden colonial peoples. The support for revolutionary groups was changing to a more active use of them to strike at Western interests. At the same time Qaddafi stepped up his rhetoric against America and Britain, positioning himself as a champion of the Arab world, as the one leader who had the courage of his convictions and the only one who was squarely on the side of the ordinary citizenry (in contrast to other, more compliant Arab rulers). Here again there is evidence of the charismatic revolutionary persona, reluctantly taking up the burden of leadership on behalf of his brothers.Whatever his ideals, the result was that Qaddafi and his state became the focus of increasing Western ire. A series of incidents between the US and Libya in international waters added to the friction, as did Libyan orchestrated terror attacks in Berlin, Rome and Vienna. At the height of this tension in 1986, American aircraft bombed targets in Libya, narrowly missing Qaddafi himself. This role as public enemy of America led to Qaddafi being characterised by President Ronald Reagan (no stranger to the use of persona himself) as the “mad dog of the Middle East” and a “squalid criminal.” The enmity of the West made life difficult for ordinary Libyans dealing with crippling sanctions, but for Qaddafi, it helped bolster his persona as a committed revolutionary.Qaddafi: Leader of the Arab and African Worlds Related to his early revolutionary ideologies were Qaddafi’s aspirations as a pan-national leader. Inspired by Egypt’s Gamel Abdul Nasser from a young age, the ideals of pan-Arab unity were always a cornerstone of Qaddafi’s beliefs. It is not therefore surprising that he developed ambitions of being the person to bring about and “guide” that unity. Once again the Weberian description of the charismatic leader is relevant, particularly the notion that such leadership does not respect conventional boundaries of functional jurisdictions or local bailiwicks; in this case, state boundaries.During the 1970s Qaddafi was involved in numerous attempts to broker Arab unions between Libya and states such as Egypt, Syria and Tunisia. All of these failed to materialise once the exact details of the mergers began to be discussed, in particular who would assume the mantle of leadership in these super-states. In line with his persona as the rightly-guided revolutionary, Qaddafi consistently blamed the failure of these unions on the other parties, souring his relationship with his fellow Arab leaders. His hardline stance on Israel also put him at odds with those peers more determined to find a compromise. Following the assassination of Egypt’s Anwar Sadat in 1981 Qaddafi praised the act as justified because of Sadat’s signing of the Camp David Accords with Israel.Having given up on the hope of achieving pan-Arab Unity, Qaddafi sought to position himself as a leader of the African bloc. In 2009 he became Chairperson of the African Union and took to having himself introduced as “The King of Kings of Africa.” The level of dysfunction of the African Union was no less than that of the Arab League and Qaddafi’s grandiose plans for becoming the President of the United States of Africa failed to materialise.In both his pan-Arab and pan-Africa ambitions, we see a persona of Qaddafi that aims at leadership beyond his own state. Whilst there may be delusions of grandeur apparent in the practicalities of these goals, this image was nevertheless something that Qaddafi used to leverage the next phase of his political transformation.Qaddafi: The Post-9/11 Statesman However much he might be seen as erratic, Qaddafi’s innate intelligence could result in a political astuteness lacking in many of his Arab peers. Following the events of 11 September 2001, Qaddafi was the first international leader to condemn the attacks on America and pledge support in the War on Terror and the extermination of al-Qaeda. Despite his history as a supporter of terrorism overseas, Qaddafi had a long history of repressing it at home, just as with any other form of political opposition. The pan-Islamism of al-Qaeda was anathema to his key ideologies of direct democracy (guided by himself). This meant the United States and Libya were now finally on the same team. As part of this post-9/11 sniffing of the wind, Qaddafi abandoned his fledgling Weapons of Mass Destruction (WMD) program and finally agreed to pay reparations to the families of the victims of the Pan Am 107 flight downed over Lockerbie in 1987.This shift in Qaddafi’s policy did not altogether dispel his persona of brotherly leadership amongst African nations. As a bloc leader and an example of the possibility of ‘coming in from the cold’, Qaddafi and Libya were reintegrated into the world community. This included giving a speech at the United Nations in 2009. This event did little to add to his reputation as a statesman in the West. Given a 15-minute slot, the Libyan leader delivered a rambling address over 90 minutes long, which included him tearing up a copy of the UN Charter and turning his back to the audience whilst continuing to speak.Qaddafi: The Clown From the Western point of view, performances like this painted Qaddafi’s behaviour as increasingly bizarre. Particularly after Libya’s rapprochement with the West, the label of threatening terrorist supporter faded and was replaced with something along the lines of a harmless clown prince. Tales of the Libyan leader’s coterie of virgin female bodyguards were the subject of ridicule, as was his ardour for US Secretary of State Condoleezza Rice. Perhaps this behaviour was indicative of a leader increasingly divorced from reality. Surrounded by sycophants dependent on his regard for their tenure or physical survival, as well as Western leaders eager to contrast his amiability with that of Saddam Hussein, nobody was prepared to draw attention to the emperor’s new clothes.Indeed, elaborate and outlandish clothing played an increasing role in Qaddafi’s persona as the decades went on. His simple revolutionary fatigues of the early years were superseded by a vast array of military uniforms heavily decorated with medals and emblems; traditional African, Arab or Bedouin robes depending on the occasion; and in later years a penchant for outfits that included images of the African continent or pictures of dead martyrs. (In 2009 Vanity Fair did a tongue-in-cheek article on the fashion of Colonel Qaddafi entitled Dictator Chic: Colonel Qaddafi—A Life in Fashion. This spawned a number of similar features including one in TIME Magazine entitled Gaddafi Fashion: The Emperor Had Some Crazy Clothes.)The Bedouin theme was an aspect of persona that Qaddafi cultivated as an ascetic “man of the people” throughout his leadership. Despite having many palaces available he habitually slept in an elaborate tent, according once again with Weber’s description of the charismatic leader as one who eschews methodical material gain. This predisposition served him well in the 1986 United States bombing, when his residence in a military barracks was demolished, but Qaddafi escaped unscathed as he was in his tent at the time. He regularly entertained foreign dignitaries in tents when they visited Libya and he took one when travelling abroad, including pitching it in the gardens of a Parisian hotel during a state visit in 2007. (A request to camp in New York’s Central Park for his UN visit in 2009 was denied; “Inside the Tents of Muammar Gaddafi”).The role of such a clown was unlikely to have been an aim for Qaddafi, but was instead the product of his own increasing isolation. It will likely be his most enduring character in the Western memory of his rule. It should be noted though that clowns and fools do not maintain an iron grip on power for over 40 years.The Legacy of Qaddafi’s Many Personas Colonel Muammar Qaddafi was a clever and complex leader who exhibited many variations of persona during his four decades of rule. These personas were generally facets of the same core self-belief of a charismatic leader, but could be conflicting, and often confusing, to observers. His eccentricities often hid a layer of deeper cunning and ambition, but ultimately led to his marginalisation and an impression by world leaders that he was untrustworthy.His erratic performance at the UN in 2009 perhaps typifies the end stages of Qaddafi’s leadership: a man increasingly disconnected from his people and the realities of what was going on around him. His insistence that the 2011 Libyan revolution was variously a colonial or terrorist inspired piece of theatre belied the deep resentment of his rule. His role as opponent of the Western and Arab worlds alike meant that he was unsupported in his attempts to deal with the uprising. Indeed, the West’s rapid willingness to use their airpower was instrumental in speeding on the rebel forces.What cannot be disputed is the chaotic legacy this charismatic figure left for his country. Since the uprising climaxed in his on-camera lynching in October 2011, Libya has been plunged in to turmoil and shows no signs of this abating. One of the central reasons for this chaos is that Qaddafi’s supremacy, his political philosophies, and his use of messianic persona left Libya completely unprepared for rule by any other party.This ensuing chaos has been a cruel, if ironic, proof of Qaddafi’s own conceit: Libya could not survive without him.References Al-Gathafi, Muammar. The Green Book: The Solution to the Problem of Democracy; The Solution to the Economic Problem; The Social Basis of the Third Universal Theory. UK: Ithaca Press, 2005.Blundy, David, and Andrew Lycett. Qaddafi and the Libyan Revolution. Boston and Toronto: Little Brown & Co, 1987.Marshall, P. David. “Persona Studies: Mapping the Proliferation of the Public Self”. Journalism 15.2 (2014): 153-170.Qaddafi, Muammar. Speech at the United Nations 2009. ‹http://www.youtube.com/watch?v=BKMyY2V0J0Y›. Street, John. “Celebrity Politicians: Popular Culture and Political Representation.” British Journal of Politics and International Relations 6 (2004): 435-52.Street, John. “Do Celebrity Politics and Celebrity Politicians Matter?” The British Journal of Politics & International Relations 14.3 (2012): 346-356.TIME Magazine. “Gaddafi Fashion: The Emperor Had Some Crazy Clothes.” ‹http://content.time.com/time/photogallery/0,29307,2055860,00.html›.TIME Magazine. “Inside the Tents of Muammar Gaddafi.” ‹http://content.time.com/time/photogallery/0,29307,2058074,00.html›.Totman, Sally, and Mat Hardy. “In the Green Zone: 40 years with Colonel Qaddafi.” Ed. Geoffrey Hawker. APSA 2009: Proceedings of the APSA Annual Conference 2009. Sydney: Macquarie University, 2009. 1-19.Totman, Sally, and Mat Hardy. “The Rise and Decline of Libya as a Rogue State.” OCIS 2008: Oceanic Conference on International Studies. Brisbane: University of Queensland, 2008. 1-25.Vanity Fair. “Dictator Chic: Colonel Qaddafi—A Life in Fashion.” ‹http://www.vanityfair.com/politics/features/2009/08/qaddafi-slideshow200908›.Weber, Max, Hans Heinrich Gerth, and C. Wright Mills. From Max Weber: Essays in Sociology. London: Routledge, 2009.Wilson, J. “Kevin Rudd, Celebrity and Audience Democracy in Australia.” Journalism 15.2 (2013): 202-217.

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Photo by National Cancer Institute on Unsplash INTRODUCTION Gift-giving by patients or their families to physicians has happened since there were patients and physicians, and in many places, it’s still quite common. It’s also potentially problematic, and the why and how of it offer important insight into the physician-patient relationship and human relationships more broadly. Yet ethicists, regulators, and the public have not paid much systematic attention. In the United States, no federal or state legislation directly addresses it. Only in the past two decades did the American Medical Association (AMA) release guidance to physicians about it. That guidance, which permits physicians to accept certain gifts by certain patients under certain circ*mstances, namely, when it will not influence their medical judgment or cause hardship to the gift-giver, is vague and incomplete – indeed, it’s all of 200 words.[1] Other physician professional organizations have little to add.[2] A few academics and opinion columnists have studied or reflected on the psychology of gift-giving and -receiving and recommended everything from categorical rejection of patient gifts[3] to erring on the side of accepting them, provided they are of modest value, and the motivation behind them can be discerned.[4] However, insufficient attention has been paid to the when and where of those gifts or the significance of clinic-, hospital- or other systems-level ethical safeguards. ANALYSIS When deciding whether they will accept a gift from a patient or their family, physicians must balance the possibility that the gift could cloud medical judgment, lead to favoritism, exploitation, and slippery slopes, or pressure other patients to give, and perhaps even debase the meaning of medical treatment, against the prospect that gift-giving could increase patient trust and satisfaction, as well as empower patients and respect their autonomy and culture.[5] Performing this harm-benefit calculation case by case is challenging and time-consuming. Unsurprisingly, many physicians opt simply to tell would-be gift-giving patients that they appreciate the sentiment, but, as a rule, they accept no gifts. I submit many physicians do this also because they are unaware of how meaningful giving a gift can be for patients or anyone in a disadvantaged position with respect to the gift recipient. They may also not know that there are simple accountability mechanisms they can institute that may prevent many of the possible adverse consequences of gift-giving and -receiving in the context of the physician-patient or physician-patient-family relationship. Unfortunately, many instances in which accepting a gift would have led to net benefit are foregone. It is my belief a consensus could quickly be formed about which types of gifts would clearly be wrong to accept. Few would defend the physician who agrees to use a patient’s villa in the Bahamas or welcomes expensive jewelry or lewd photos. The timing and intent of a gift also matter. Few would forgive the physician who accepted even a modestly valuable voucher to eat at a patient’s restaurant while their eligibility for transplant was being debated or after they had run out of opioid painkillers and were denied a prescription renewal. On the other hand, I doubt even Charles Weijer or the College of Physicians and Surgeons of Prince Edward Island, which views accepting gifts from patients as “boundary crossing,”[6] would demand an orthopedic surgeon turn down the happy picture a pediatric patient drew after recovering from a hip injury and resuming sports. They are also unlikely to criticize an oncology team that graciously receives a fruitcake baked by the sister of an elderly cancer patient after the decision was made and agreed to, around Christmastime, not to initiate another round of chemotherapy. These unlikely refusals may be because rejecting those gifts, all things considered, would seem cruel. But it might also be because there is disagreement about what constitutes a gift: whether it must be a tangible object (are heartfelt thank-yous and hugs not also “gifts”?) or whether it must be something that requires the physician actively do something, e.g., get on a plane. These disagreements about definitions may also partially underlie disagreements about practice. Suppose a patient in a sparsely populated, heavily wooded part of Maine takes it upon himself to offer a sack of apples from his orchard to his internist, who regularly waives fees for those who cannot pay them or will make a house call at any time of the night. In that case, the internist may not consider the apples a gift. He may not think of them as payment or re-payment either. They may exist in some in-between category, much like the knitted slippers brought in by a patient in whose culture “thank you” is seldom said. But clearly, some things are widely perceived as gifts or to have substantial gift-like character. Should they, at least, be rejected? I don’t think so. The act of gift-giving and -receiving can be a sort of ritual and gradually lead to trust and closeness.[7] Perhaps a shy patient whose wife previously sent chocolates to his physician around Christmastime will come to see the physician as a part of his extended family. Perhaps he needs to do so to feel comfortable talking about his erectile dysfunction. Gifts can be expressions of caring.[8] Perhaps an elderly Texan patient imagines her younger physician, whom she has known for thirty years and often sees at the grocery store, as her son and asks to prepare a homecoming mum (traditionally a chrysanthemum flower corsage) for his children’s school dance. Perhaps doing so will give her purpose, make her feel useful, as all her own children have moved away. Giving gifts may also provide patients with a sense of control and help them feel as if less of a power imbalance exists between them and their physician. Perhaps a young judge, who is not used to not being in control, and was previously misdiagnosed with rheumatoid arthritis, is now struggling to come to terms with his Lupus. Perhaps giving the physician who made the correct diagnosis a moderately-priced bottle of scotch restores his confidence or sense of pride to. Gifts are also undoubtedly important to the recipient. When medical providers receive a gift, they may interpret it as a sign that they are valued. While it would be wrong to practice medicine to receive gifts or expect them, there are times, like when ERs and ICUs are overwhelmed because of a viral pandemic,[9] which threatens the will to continue working, and most anything (within reason) that bolsters resolve can be considered good. There is also no obvious distinction between the satisfaction physicians normally receive on seeing their patients recover or being thanked or smiled at and what they feel when they receive a small or “token” gift, like a plate of homemade cookies. The point is that the physician-patient relationship is a human one. Many advocate it should be personal, that physicians should be emotionally invested in their patients, care about and have compassion for them in ways that professional oaths do not fully capture.[10] This dynamic is particularly important in primary care or when the physician-patient relationship continues for long periods. According to one Israeli study, many patients even wish for a relationship with their physician akin to friendship. Those who felt they had such a relationship were more satisfied with their care than those who believed the relationship was business-like.[11] The precedent for this “friendship between unequals” goes back at least to the time of Erasmus, some five hundred years ago.[12] There may be good reasons for physicians to draw the line before friendship, but if accepting certain gifts builds intimacy, and that intimacy does not cross over into an inappropriate relationship, e.g., a sexual or romantic relationship, and if it has the chance to improve healthcare outcomes through improved mood or early disclosure of problems, I think it should be done. Physicians have a prima facie duty to do good for their patients.[13] Most physicians want to do good for their patients and respect their traditions and preferences. I suspect that accepting the gifts from the patients in the examples above would do a lot of good, or at least that rejecting them could do significant harm, including making them or their families feel estranged from the medical community, impeding future care. Physicians might be more comfortable accepting gifts if receiving gifts would not subject them to scrutiny or penalty. They also may feel better if they knew that receiving gifts would not harm their patients and that rejecting gifts might. They should document all gifts they receive.[14] This will enable them to detect if gifts from a particular patient are increasing in frequency or lavishness or changing markedly in character, which could warrant attention. I maintain this “Gift Log” should be maintained in common with everyone at the clinic or in the relevant hospital department and potentially made available to hospital administration for audit. Investigation might be necessary if a gift is given (and accepted) with no explicable context, e.g., not near holiday season or after a treatment milestone is achieved. When possible, gifts should be shared communally, such as placing fruit baskets or chocolates in the staff room. Other gifts, like artwork, can be displayed on the walls. Others should be encouraged to hold physicians accountable if they feel patients who have given gifts receive preferential treatment, including something as seemingly small as priority for appointment bookings. Appearances matter and even the appearance of impropriety can affect the public’s trust in medicine. The culture of medicine has already changed such that nurses now reproach physicians they feel violate the standard of care,[15] and this would be an extension of that trend. Depending on the set-up of the practice, a staff member can be designated for receiving gifts and politely declining those that ought to be declined. Staff members should tell patients, who give gifts in full view of other patients, that they cannot do so in the future. Physicians can politely rebuff patients who wish to give inappropriate gifts, or gifts at inappropriate times and suggest they donate to charity instead. Medical practices and hospitals should develop a gift policy in consultation with staff and patients to avoid needlessly rejecting gifts that benefit both doctor and patient and to avoid pressuring patients into giving gifts. The policy should be flexible to account for the crucial human element in any provider-patient relationship and the cultural nuances of any practice setting. Psychiatrists, who work with particularly vulnerable patients, may need to be more vigilant when accepting gifts.[16] CONCLUSION Though we tend to think health innovation occurs in urban medical centers and spreads outward, there may be something big-city physicians can learn from their rural colleagues about personalized patient-physician relationships. The value of gifts is only one example. Normalizing the acceptance of patient gifts in appropriate restricted circ*mstances has the added benefit of shining a spotlight on the acceptance of patient gifts in dubious ones. By bringing an already fairly common practice into the open and talking about it, we can create policies that respect patients as persons, prevent abuse, and deconstruct the stereotype of the austere and detached physician. While there is no reason to think that gift-giving would get out of control if appropriate safeguards are put in place, the medical community can always re-evaluate after a period, or an individual medical practice can re-evaluate based on the circ*mstances of their practice environment. Gift-giving, especially when gifts are of small monetary value, should be recognized as a culturally appropriate gesture with meaning far beyond that monetary value. It is best governed by reasonable gift-giving policies, not banned altogether. - [1] Council on Ethical and Judicial Affairs. “Ethics of Patient-Physician Relationships.” In AMA Code of Medical Ethics, 11. Chicago: American Medical Association, 2021. https://www.ama-assn.org/sites/ama-assn.org/files/corp/media-browser/code-of-medical-ethics-chapter-1.pdf. [2] Sulmasy, Lois Snyder, and Thomas A. Bledsoe. “American College of Physicians Ethics Manual.” Annals of Internal Medicine 170, no. 2_Supplement (January 15, 2019): S1–32. https://doi.org/10.7326/M18-2160; Committee on Bioethics. “Pediatrician-Family-Patient Relationships: Managing the Boundaries.” Pediatrics 124, no. 6 (December 1, 2009): 1685–88. https://doi.org/10.1542/peds.2009-2147. [3] Weijer, Charles. “No: Gifts Debase the True Value of Care.” Western Journal of Medicine 175, no. 2 (August 2001): 77. [4] Lyckholm, Laurie J. “Should Physicians Accept Gifts From Patients?” JAMA 280, no. 22 (December 9, 1998): 1944–46. https://doi.org/10.1001/jama.280.22.1944; Spence, Sean A. “Patients Bearing Gifts: Are There Strings Attached?” BMJ 331, no. 7531 (December 22, 2005): 1527–29. https://doi.org/10.1136/bmj.331.7531.1527; Gaufberg, Elizabeth. “Should Physicians Accept Gifts from Patients?” American Family Physician 76, no. 3 (August 1, 2007): 437; Caddell, Andrew, and Lara Hazelton. “Accepting Gifts from Patients.” Canadian Family Physician 59, no. 12 (December 2013): 1259–60. [5] See above commentators and Drew, Jennifer, John D. Stoeckle, and J. Andrew Billings. “Tips, Status and Sacrifice: Gift Giving in the Doctor-Patient Relationship.” Social Science & Medicine 17, no. 7 (January 1, 1983): 399–404. https://doi.org/10.1016/0277-9536(83)90343-X. [6] College of Physicians and Surgeons of Prince Edward Island. “Respecting Boundaries.” Accessed April 4, 2021. https://cpspei.ca/respecting-boundaries/. [7] The Atlantic’s Marketing Team. “What Gifting Rituals from Around the Globe Reveal About Human Nature.” The Atlantic, 2018. https://www.theatlantic.com/sponsored/hennessy-2018/what-gifting-rituals-around-globe-reveal-about-human-nature/2044/. [8] Parker-Pope, Tara. “A Gift That Gives Right Back? The Giving Itself.” The New York Times, December 11, 2007, sec. Health. https://www.nytimes.com/2007/12/11/health/11well.html. [9] Harlan, Chico, and Stefano Pitrelli. “As Coronavirus Cases Grow, Hospitals in Northern Italy Are Running out of Beds.” Washington Post. Accessed April 4, 2021. https://www.washingtonpost.com/world/europe/italy-coronavirus-patients-lombardy-hospitals/2020/03/12/36041dc6-63ce-11ea-8a8e-5c5336b32760_story.html. [10] Frankel, Richard M. “Emotion and the Physician-Patient Relationship.” Motivation and Emotion 19, no. 3 (September 1, 1995): 163–73. https://doi.org/10.1007/BF02250509. [11] Magnezi, Racheli, Lisa Carroll Bergman, and Sara Urowitz. “Would Your Patient Prefer to Be Considered Your Friend? Patient Preferences in Physician Relationships.” Health Education & Behavior 42, no. 2 (April 1, 2015): 210–19. https://doi.org/10.1177/1090198114547814. [12] Albury, W. R., and G. M. Weisz. “The Medical Ethics of Erasmus and the Physician-Patient Relationship.” Medical Humanities 27, no. 1 (June 2001): 35–41. https://doi.org/10.1136/mh.27.1.35. [13] Beauchamp, Tom L., and James F. Childress. Principles of Biomedical Ethics. 7th edition. New York: Oxford University Press, 2012. [14] Caddell and Hazelton, 2013. [15] See, e.g. Peplau, Hildegard E. “A Glance Back in Time: Nurse-Doctor Relationships.” Nursing Forum 34, no. 3 (1999): 31–35. https://doi.org/10.1111/j.1744-6198.1999.tb00991.x and Ahmad, Ahmir. “The Doctor-Nurse Relationship: Time for Change?” British Journal of Hospital Medicine (2005), September 27, 2013. https://doi.org/10.12968/hmed.2009.70.Sup4.41642. [16] Hundert, Edward M. “Looking a Gift Horse in the Mouth: The Ethics of Gift-Giving in Psychiatry.” Harvard Review of Psychiatry 6, no. 2 (January 1, 1998): 114–17. https://doi.org/10.3109/10673229809000319.

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Photo by Owen Beard on Unsplash Introduction Through its professional associations and healthcare organizations, the medical community has made numerous anti-racism statements in the past year, including the American Medical Association’s (“AMA’s) Organizational Strategic Plan to Embed Racial Justice and Advance Health Equity.[1] Converting these statements into practical change will take time and money. In addition to implementing anti-bias training and education on racism in clinical practice, the medical community should also advocate to enhance and enforce Title VI anti-discrimination laws. The current limitations on enforcement conflict with the medical community’s ethical duty to improve health equity and treat all patients with a high standard of care. Advocating for legislation that meets the standards of other civil rights laws to hold the healthcare industry legally responsible for discrimination should be part of medical professionals’ anti-racism work. Development of Civil Rights in Health Care Despite the lack of a federal constitutional right to health care, the United States does acknowledge the importance of health and health care through its laws and spending decisions. In 2010, the Affordable Care Act (“ACA”) created health insurance options for 20 million additional Americans and reduced the gap in healthcare access among populations.[2] Although it did not ensure a right to health care and it does not guarantee a right to health, healthcare access is an important element of a healthy life and broadening the reach of health insurance is a worthy goal. Outside of the ACA’s offer of affordable health insurance, only a few stakeholders have gained “weak” statutory rights to publicly funded health care such as incarcerated people, the elderly, disabled, and the very poor.[3] Yet, the adoption of the public insurance programs Medicaid and Medicare in 1965, along with Title VI of the 1964 Civil Rights Act (“Title VI”), did create some rights to sue for discrimination in health care, even for people who are not recipients of Medicaid and Medicare benefits. Under Title VI, private institutions that receive federal financial assistance are prohibited from discriminating on the basis of race, color, and national origin.[4] Initially, this civil rights legislation had a major effect on health care because more than 1000 segregated hospitals immediately integrated their facilities in order to comply with the legislation and participate in Medicaid and Medicare.[5] Medical professionals interested in anti-racist work would do well to learn the history of Title VI; grassroots support of civil rights laws in the 1960s encouraged huge steps forward in eliminating de jure segregation in health care.[6] Title VI Lacks Mechanisms to Combat Structural Racism Title VI has been less effective when addressing more subtle forms of discrimination. Despite being one of the broadest anti-discrimination statutes, Title VI has been referred to as a “sleeping giant” because its full power has not been used to great effect.[7] The ACA included some attempts to improve Title VI’s effectiveness (see below), but much more could be done. Like most civil rights laws, Title VI discrimination may be alleged as disparate treatment (intentional) or disparate impact. Disparate impact claims are challenging to prove and may involve arguments such as how moving a hospital from an inner-city area to a wealthier suburban location will have a disparate impact on the local Black population. Besides the evidentiary challenges involved in demonstrating disparate impact, such a claim fails unless the plaintiffs can prove that a reasonable explanation for the action, such as cost savings, is a pretext for discrimination.[8] Title VI claims are also challenging because of the limitation on plaintiffs, the limitation on the scope of defendants, and enforcement issues. In 2001, the US Supreme Court held that individual plaintiffs cannot sue under Title VI for disparate impact claims, requiring a federal agency to do so.[9] While hospitals and other entities are potential defendants under Title VI, individual medical professionals are not, even though approximately 40 percent of Medicaid and Medicare reimbursem*nts now go to physician and outpatient care.[10] The primary enforcement mechanism for Title VI healthcare claims is forcing compliance with the law through the threat of withdrawal of federal reimbursem*nt.[11] The threat of financial punishments may harm communities, however, when low-resourced hospitals lose funding or are forced to fund rehabilitation programs.[12] Inequities between hospitals in different locations currently cannot be addressed under Title VI. Recent attempts to improve Title VI have failed. In the ACA, legislators included several updates to Title VI that appeared to improve its potential as a tool for reducing healthcare inequities. Section 1557 of the ACA changed the definition of “federal financial assistance” programs to include Medicaid and Medicare Advantage, thus expanding the pool of possible defendants to include individual providers.[13] However, the Department of Health and Human Services issued an implementing rule that specifically did not include Medicare Part B, so as of now patients cannot bring suit against sue their doctors for Title VI discrimination.[14] Some authors argue that the ACA also repealed the Supreme Court decision that prevented individuals from bringing disparate impact claims under Title VI.[15] So far, however, courts still interpret Title VI as supporting private claims only for intentional discrimination.[16] Individuals can still bring disparate impact claims to the Office of Civil Rights (“OCR”) and the Federal government may take action on their behalf. Because of the lack of available private action, however, there is no robust group of Title VI attorneys developing these civil rights cases.[17] If the legislature wants to encourage private enforcement of Title VI discrimination cases, it could also add punitive and compensatory damages to the available remedies, as it did with Title VII employment discrimination cases,[18] thus empowering plaintiffs and their lawyers to seek private remedies for discrimination in health care. Private litigation could be used as an additional lever in strategic approaches to eliminating discriminatory practices and improving health equity.[19] In 2003, the Institute of Medicine’s Committee on Understanding and Eliminating Racial and Ethnic Disparities in Health Care recommended that the federal government increase funding for the OCR to encourage investigations into violations of Title VI based on systemic discrimination in health care.[20] The committee saw such enforcement as a “last line” of defense against systemic racism in health care, and a way to find such suspected racism through proactive investigations. Unfortunately, the OCR continues to be “notoriously” underfunded, but future administrations may be encouraged to rectify that problem.[21] Permitting more individual lawsuits may improve Title VI by providing better enforcement mechanisms and broadening the scope of possible defendants. These litigation tools will never bring about a right to health but can reduce inequities in access to and treatment in the healthcare system. Health professionals can support such proposals as individuals and through their professional associations. Of course, not all stakeholders agree that the federal government should enforce greater access to health care; after several states brought suit, the US Supreme Court struck down the ACA provision that would have effectively required states to expand Medicaid eligibility.[22] In addition, many health professionals will object to individual Title VI lawsuits. Distinguishing between malpractice litigation and discrimination litigation will be important so that healthcare practitioners do not feel their livelihoods are threatened by Title VI. If improving health equity and combating racism is seen part of one’s ethical duty, then medical professionals should embrace a willingness to be held accountable personally, and even more importantly, as part of a healthcare organization. The AMA has a well-documented history of racism, and the organization has apologized and sought atonement. Part of that history includes a failure to support civil rights legislation in the 1960s and active opposition to Medicare, Medicaid, and the desegregation of hospital staff.[23] Notably, the National Medical Association, an African American medical association, worked hard to support civil rights laws and integration in the 1960s, but could not convince the “White” AMA to follow suit. As part of its anti-racism efforts, the AMA could work with legislators to craft appropriate changes to Title VI and take on the task of educating its membership. Health professionals should understand that the shortcomings of Title VI in eradicating racism in health care were due to decisions about and interpretations of the law which were influenced by the medical profession itself. Educating all the stakeholders about the connections between health, healthcare access, and strong enforcement of our civil rights statutes and regulations is one way that health professionals can actively engage in anti-racism work in the healthcare profession. [1] “The AMA’s Strategic Plan to Embed Racial Justice and Advance Health Equity,” American Medical Association, accessed June 25, 2021, https://www.ama-assn.org/about/leadership/ama-s-strategic-plan-embed-racial-justice-and-advance-health-equity. [2] “How ACA Narrowed Racial Ethnic Disparities Access to Health Care | Commonwealth Fund,” accessed March 10, 2021, https://www.commonwealthfund.org/publications/2020/jan/how-ACA-narrowed-racial-ethnic-disparities-access. [3] Aeyal Gross and Colleen Flood, The Right to Health at the Public/Private Divide : A Global Comparative Study, New York (Cambridge University Press, 2014), , 348, https://web-a-ebscohost-com.ezproxy.cul.columbia.edu/ehost/ebookviewer/ebook/ZTAyNXhuYV9fNzcwMjExX19BTg2?sid=5201c555-548f-4599-ae3d-857f6911322f@sessionmgr4007&vid=0&format=EB&lpid=lp_261&rid=0. [4] Title VI of the 1964 Civil Rights Act, § 2000d (“No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”) [5] Amitabh Chandra, Michael Frakes, and Anup Malani, “Challenges to Reducing Discrimination and Health Inequity Through Existing Civil Rights Laws,” Health Affairs (Project Hope) 36, no. 6 (June 1, 2017): 1041–47, 1042, https://doi.org/10.1377/hlthaff.2016.1091. [6] David Barton Smith, “The ‘Golden Rules’ for Eliminating Disparities: Title VI, Medicare, and the Implementation of the Affordable Care Act,” Health Matrix, 2015, Gale OneFile: LegalTrac. [7] Olatunde C. A. Johnson, “Lawyering That Has No Name: Title VI and the Meaning of Private Enforcement,” Stanford Law Review 66, 6 (June 2014): 1293-1331, at 1294. [8] Chandra, Frakes, and Malani, at 1043. [9] Alexander v. Sandoval, 532 U.S. 275 (2001). [10] Chandra, Frakes, and Malani, at 1043. [11] See 42 U.S.C. §2000d-1. [12] Chandra, Frakes, and Malani, at 1045. [13] 42 U.S.C. §18116. [14] Chandra, Frakes, and Malani, at 1045. [15] Sarah G. Steege, “Finding a Cure in the Courts: A Private Right of Action for Disparate Impact in Health Care,” Michigan Journal of Race & Law 16, 439 (April 2011): 439- 468. [16] See, e.g., Lemon v. Aurora Health Care North Inc., 19-CV-1384 (E.D. WI Feb. 22, 2021). [17] Johnson, “Lawyering That Has No Name,” at 1295. [18] Pub. L. No. 102-166, § 102, 105 Stat. 1071, 1072-72 (codified as amended at 42 U.S.C. § 1981a). [19] Sara Rosenbaum and Sara Schmucker, “Viewing Health Equity through a Legal Lens: Title VI of the 1964 Civil Rights Act,” Journal of Health Politics, Policy and Law 42, no. 5 (October 1, 2017): 771–88, 777, https://doi.org/10.1215/03616878-3940423. [20] Institute of Medicine (US) Committee On Understanding and Eliminating Racial and Ethnic Disparities in Health Care, Unequal Treatment: Confronting Racial and Ethnic Disparities in Health Care, ed. Brian D. Smedley, Adrienne Y. Stith, and Alan R. Nelson (Washington (DC): National Academies Press (US), 2003), http://www.ncbi.nlm.nih.gov/books/NBK220358/. [21] Chandra, Frakes, and Malani, at 1045. [22] National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012). [23] Harriet A. Washington et al., “Segregation, Civil Rights, and Health Disparities: The Legacy of African American Physicians and Organized Medicine, 1910-1968,” Journal of the National Medical Association 101, no. 6 (June 2009): 513–27, https://doi.org/10.1016/S0027-9684(15)30936-6.

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The recent proliferation of the video shorts on the Internet may provide a glimpse of the future of production and distribution of motion pictures. One such short, Lazy Sunday, was produced by cast members of the long-running network television program Saturday Night Live. Cast member Andy Samberg had come to the attention of network producers when they saw several comedy sketches he produced and starred in on the Internet. The popularity of Samberg’s original online-distributed videos did not occur strictly as the result of the virus-like linking and e-mailing distribution pattern that is quickly becoming more common. Rather, these videos achieved exposure on Channel101.com, a Website that functions as a forum and distribution outlet for short video makers. Channel 101 is an interesting example of a hybrid mode of production and distribution of motion pictures, borrowing elements of a film festival and a Website to showcase five-minute videos created by members of the general public. It is the brainchild of two freelance television writers, Dan Harmon and Rob Schrab. There are two key components to Channel 101: a monthly competitive screening of short videos held in Los Angeles and a Website that features downloadable short videos as well as a forum for discussing the creation and content of those videos. When a short video is submitted to Channel 101 by a member of the general public, the selection committee will reject it immediately or pick it up as a “pilot.” If chosen as a pilot, it is then screened in front of a live audience of roughly 300 at Cinespace, a screening room-cum-bar in Los Angeles. The members of the audience are shown ten videos, five pilots and five ongoing series, and are asked to vote for their five favourites. At this point, the audience can elect to reject the pilot, thereby “cancelling” the show. If the audience decides that the video is one of the best five of the ten, the show is “renewed,” and the creators of the video make a new episode for the next month’s screening, resulting in a video series with ongoing characters. These shows are referred to as “prime time” shows and their creators are referred to as “Prime Timers.” These Prime Timers become the selection committee that screens initial submissions. The inception of Channel 101 in the spring of 2003 coincided with the rapid proliferation of broadband Internet access that has made downloading short video clips possible for a growing number of people. The popularity of the site, as well as the rhetoric used by Channel 101’s creators in forums, articles, and other elements of the Website’s discourse, indicate a demand for media that is not a product of the increasingly consolidated media production and distribution infrastructure. It is gaining popularity at a time when two popular modes of regulated production and distribution of motion pictures—film and television—have developed massive infrastructures and standardised labour that, by virtue of their size, are resistant to rapid change. The Channel 101 enterprise presents an alternative arrangement of creators, distributors, and audience members by shortening the time period that any single individual may occupy any of these roles and by increasing the accountability of the creators and distributors to the audience. As a result, the short videos produced and distributed by Channel 101 are products of a creative community, rather than creations of individuals with discrete artistic sensibilities. The creators of Channel 101 claim their unique mode of production and distribution of serialised entertainment constitutes an improvement on the network television system because it prevents creative control from residing in an individual or a small group of individuals for a sustained period of time. However, upon closer examination, it may have much more in common with the television mode of production and distribution than the haphazard home-video quality of viral videos, as well as the ephemeral paths they take to reach viewers online. In this analysis, I aim to discover the ways in which Channel 101 actually differs from that traditional television model and the ways in which it duplicates the consolidation of creative power that exists in the corporate creation and distribution of serialised entertainment. If one examines the aesthetics of the videos on the site, one finds that they are as hom*ogeneous as those of any cable or network television prime time line-up, if not more so. This is not the result of a single, powerful individual controlling the content of the enterprise, but rather a product of a unique power structure that encourages a consistent tone, style, and content by promoting collective authorship. Though the occupiers of the creative roles may change, the individuals who occupy those positions are all equally obliged to indulge the relatively stable and hom*ogeneous desires of the entire community. In “Unconventional Programs on Commercial Television,” Joseph Turow makes connections between personnel shifts at the network executive level and changes in the content and style of programming. By accounting for the implicit social aspect of production and distribution, including friendships and working relationships, Turow sheds light on processes that have an impact on programming but may not necessarily show up in official documentation of the producer/distributor’s day to day affairs (Turow 126). While the programs Turow studied exhibited properties that set them apart from most network television fare, they were often produced or written by members of a single social network. There was an internal implicit norm that members of this creative community adhered to. This “web of relationships” reduced the risk for network executives and producers by guaranteeing some regularity in the product (Turow 126). Even in a system where there is no financial risk to creators or gatekeepers, such as the Channel 101 system, which is vehemently not-for-profit, the need for programming that is both unconventional yet predictable in terms of its perceived quality persists. Social networks have always been a part of the tightly knit community of television writers and producers. The rise of social networking sites on the Internet has made these connections visible, and arguably increased the size of such networks, as well as the speed with which they change. As much as the variations in visibility, size and rate of change of the social connections impact the end product, its worth keeping in mind that Channel 101, like so many online entertainment collectives, draws together groups of people who have pre-established social bonds from the offline world. Several of the video makers who contribute to Channel 101 have worked in the television industry. The importance of existing social networks to the collaborative creative process cannot be overestimated. Message boards play an integral role in conveying what shows are popular with the Channel 101 audience, as well as providing a way for video makers to organise collaborations. In these ways, Channel 101 is as much a social enterprise as it as an entertainment enterprise. As more and more structural functionalist analyses of the culture industry reveal its increasingly Byzantine inner workings, the romantic twentieth-century notion of the individual author appears to be not long for this world. Collective authorship may well be the paradigm for studying a society in which Internet use is constantly gaining ground on more traditional forms of recreation such as film and television. However, something is misleading about the term “collective authorship.” The term implies that members of this creative collective contribute equally to the finished product, when this is rarely, if ever, the case. Similarly, there may be the temptation to believe that a collective author is less likely to be out of touch with the desires of the audience than an individual who stubbornly follows his or her muse, oblivious to the preferences of others. In truth, collective authorship, as a practice or an analytical approach, may merely paper over unequal levels of creative power within the cultural production scheme. By scrutinizing creative communities such as Channel 101 from a structural functionalist standpoint, we may move towards a more nuanced view of the collective author. References Channel 101. 25 Nov. 2005 http://www.channel101.com/>. DiMaggio, Paul, and Paul Hirsch. “Production Organizations in the Arts.” American Behavioral Scientist 19.7/8 (1976): 735-752. Lin, Nan. Social Capital: A Theory of Social Structure and Action. Cambridge, MA: Cambridge UP, 2001. Turow, Joseph. “Unconventional Programs on Commercial Television: An Organizational Perspective.” Mass Communication in Context. Ed. Charles D. Whitney and Ettema James. Beverly Hills, CA: Sage, 1982. 107-129. Citation reference for this article MLA Style Panek, Elliot. "Creative Communities after Television: The Collective Authorship of Channel 101." M/C Journal 9.2 (2006). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0605/12-panek.php>. APA Style Panek, E. (May 2006) "Creative Communities after Television: The Collective Authorship of Channel 101," M/C Journal, 9(2). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0605/12-panek.php>.

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Abstract:

Swine semantics erupted into a linguistic battle between the two U.S. presidential candidates in the 2008 campaign over a lesser-known colloquialism “lipstick on a pig” reference in a speech by then Democratic presidential candidate, Barack Obama. This resulted in the Republicans sparring with the Democrats over the identification of the “swine” in question, claiming “sexism” and demanding an apology on behalf of then Governor Sarah Palin, the first female Republican vice presidential candidate. The Republican Party, fearful of being criticised for its own sexist and racist views (Kuhn par. 1), seized the opportunity to attack the Democrats with a proactive media campaign that made the lipstick comment a lead story in the media during a critical time less than two months before the election, derailing more serious campaign issues and focusing attention on Palin, who had just made her national political debut and whose level of experience was widely debated. Leskovec, Backstrom, and Kleinberg conducted a meme-tracking study for analysing news-cycle phrases in approximately 90 million stories from 1.6 million online sites spanning mainstream news to blogs during the final three months of the U.S. presidential election (1). They discovered that “lipstick on a pig” was “stickier” than other phrases and received “unexpectedly high popularity” (4). A simple Google search of “lipstick on a pig” resulted in 244,000 results, with more than half originating in 2008. Obama’s “Lipstick on a Pig” Reference During the final rounds of the 2008 U.S. presidential campaign, Democratic presidential candidate Barack Obama’s words at a widely televised campaign stop in Lebanon, Virginia, on 9 September, sparked a linguistic debate between the two major American political parties 56 days before Election Day. Obama attempted to debunk McCain’s strategy about change in the following statement:John McCain says he’s about change, too. [...] And so I guess his whole angle is, watch out, George Bush. Except for economic policy, healthcare policy, tax policy, education policy, foreign policy, and Karl Rove-style politics [...] That’s not change. That’s just calling some—the same thing, something different. But you know [...] you can put [...] lipstick on a pig. It’s still a pig (“Obama’s Take”).A reporter from The New York Times commented that it was clear to the audience that Obama’s “lipstick” phrase was a direct reference to McCain’s policies (Zeleny par. 5). Known as a well-educated, articulate speaker, perhaps one considered too professorial for mainstream America, Obama attempted to inject more folksy language and humour into his dialogue with the public. However, the Republicans interpreted the metaphor quite differently. Republicans Claim “Sexism” from a “Male Chauvinist Pig” The Republican contender John McCain and his entourage immediately took offence, claiming that the “pig” in question was a sexist comment referring to Palin, who was introduced on 29 August as the first female vice presidential candidate on the Republican ticket (“VP Pick”). A Republican National Committee spokeswoman quickly told the media, “Sarah Palin’s maverick record of reform doesn’t need any ‘dressing up,’ but the Obama campaign’s condescending commentary deserves some dressing down” (Chozick par. 8). McCain’s camp formed the Palin Truth Squad with 54 Republican women, primarily lawyers and politicians, on the same day as the metaphor was used, to counter negative media and Internet commentary about Palin (Harper A13). Almost immediately after Obama’s “lipstick” comment, McCain’s camp conducted a conference call with journalists and former Massachusetts Governor Jane Swift, a Republican and chair of the Palin Truth Squad, who stated the lipstick comment referred to Palin, “the only one of the four—the presidential and vice presidential candidates—who wears lipstick” (Kornblut and Shear par. 12). Another member of the Squad, Thelma Drake, then a Republican Representative from Virginia, said that “it’s hard for Barack Obama to paint himself as the agent of change if he harbors the same mindset that Palin and millions of women just like her, have been fighting against their whole lives” (Applegate par. 8). Swift and others also claimed Obama was referring to Palin since she had herself used a lipstick metaphor during her Republican National Convention speech, 3 Sepember: “I love those hockey moms. You know, they say the difference between a hockey mom and a pit bull? Lipstick” (“Palin’s Speech” par. 26). The Republicans also created an anti-Obama Web ad with the theme, “Ready to Lead? No. Ready to Smear? Yes,“ (Weisman and Slevin A01) with a compilation of video clips of Palin’s “lipstick” joke, followed by the latter part of Obama's “lipstick” speech, and CBS News anchorwoman, Katie Couric, talking about “sexism” in politics, that latter of which referred to an older clip referring to Hillary Clinton’s campaign for the White House. Both clips on Obama and Couric were taken out of context. CBS retaliated and released a statement that the network “does not endorse any candidate” and that “any use of CBS personnel in political advertising that suggests the contrary is misleading” (Silva par. 8). YouTube pulled the Republican Web ads stating that the cause was “due to a copyright claim” (Silva par. 7). Another porcine phrase became linked to Obama—“male chauvinist pig”—an expression that evolved as an outgrowth of the feminist movement in the 1960s and first appeared with the third word, “pig,” in the media in 1970 (Mansbridge and Flaster 261). BlogHer, a blog for women, posted “Liberal Chauvinist Pigs,” on the same day as Obama's speech, asking: “Does the expression male chauvinist pig come to mind?” (Leary par. 5) Other conservative blogs also reflected on this question, painting Obama as a male chauvinist pig, and chastising both the liberal media and the Democrats for questioning Palin’s credentials as a viable vice presidential candidate. Obama “Sexist Pig Gear” protest tee-shirts, buttons, and bumper stickers were sold online by Zazzle.com. Democratic Response to “Controversy” During a campaign stop in Norfolk, Virginia, the day after his “lipstick” comment, Obama called the Republican backlash the “latest made-up controversy by the John McCain campaign” and appealed for a return to more serious topics with “enough” of “foolish diversions” (“Obama Hits”). He stated that the Republicans “seize on an innocent remark, try to take it out of context, throw up an outrageous ad, because they know it’s catnip for the news media” (“Obama Hits”). Obama also referred to the situation as the “silly season of politics” in media interviews (James par. 8). Obama’s spokespeople rallied claiming that McCain played the “gender card about the use of a common analogy” (Kornblut and Shear par. 6). An Obama campaign spokesman distributed to the media copies of articles from a Chicago Tribune story in 2007 in which McCain applied the lipstick analogy about the healthcare strategy of Hillary Clinton, a previous female Democratic presidential contender (Chozick 11). Another Obama spokeswoman said that the porcine expression “was older than my grandfather’s grandfather,” (Zimmer par. 1) which also inspired the media and linguists to further investigate this claim. Evolution of “Lipstick on a Pig” This particular colloquial use of a “pig” evolved from a long history of porcine expressions in American politics. American political discourse has been rich with cultural references to porcine idioms with negative connotations. Pork barrels were common 19th-century household items used to store salt pork, and some plantation owners doled out the large barrels as rewards to slaves who then had to compete with each other to grab a portion (Maxey 693). In post-Civil War America, “pork barrel” became a political term for legislative bills “loaded with special projects for Members of Congress to distribute to their constituents back home as an act of largesse, courtesy of the federal taxpayer” (“Pork Barrel Legislation”). Today, “pork barrel” is widely used in the U.S., Australia, New Zealand, the United Kingdom, and other countries (“Definition Pork Barrel”) to refer to “government projects or appropriations yielding rich patronage benefits” (“Pork Barrel”). Conservative radio personality Rush Limbaugh coined the term, “porkulus,” as another expression for “pork barrel” by merging the words “pork and “stimulus,” while discussing President Obama’s economic stimulus package in January 2009 (Kuntz par. 1). Ben Zimmer, an American lexicologist, explained that “many porcine proverbs describe vain attempts at converting something from ugly to pretty, or from useless to useful” (par. 2). Zimmer and other writers investigated the heritage of “lipstick on a pig” over the past 500 years from “you can't make a silk purse from a sow’s ear,” “a hog in armour is still a hog,” and “a hog in a silk waistcoat is still a hog.” Zimmer connected the dots between the words “lipstick,” a 19th-century invention, and “pig” to a Los Angeles Times editor in 1926 who wrote: “Most of us know as much of history as a pig does of lipsticks” (par. 3). American Politicians Who Have Smeared “Lipstick on a Pig” Which American politicians had used “lipstick on a pig” before Obama? Both Democrats and Republicans have coloured their speech with this colloquialism to refer to specific issues, not specific people. In 2008, Elizabeth Edwards, wife of presidential hopeful John Edwards, used the porcine expression about McCain’s healthcare proposals at a Democratic campaign event and House Minority Leader John Boehner, a Republican, about weak Republican fundraising efforts during the same month (Covington and Curry par. 7-8). McCain ironically used the term twice to criticise Hillary Clinton’s healthcare proposals as “lipstick on a pig,” while they were both campaigning in 2007 (Covington and Curry par. 6). His statement received limited attention at the time. During a telephone interview in 2007, Obama also had used the pig analogy when referring to an “impossible assignment” George W. Bush gave to General Petraeus, who was then serving as the Multinational Forces Iraq Commander (Tapper par. 15). In 2004, Republican Vice President Richard Cheney applied a regional slant: “As we like to say in Wyoming, you can put all the lipstick you want on a pig, but at the end of the day it's still a pig,” about the national defence record of John Kerry, then a Democratic presidential nominee (Covington and Curry par. 4). A few months earlier that year, John Edwards, Democratic vice presidential candidate, scolded the Bush administration for putting “lipstick on a pig” on “lackluster job-creation numbers” (Covington and Curry par. 3). Representative Charles Rangel, a Democrat, identified the “pig” as a tax bill the same year (Siegel par. 15-16). In 1992, the late Governor of Texas, Ann Richards, a Democrat, who was known for colourful phrases, gave the pig a name when she said: “You can put lipstick on a hog and call it Monique, but it is still a pig,” referring to the Republican administration for deploying warships to protect oil tankers in the Middle East, effectively subsidizing foreign oil (Zimmer par. 4). A year earlier, when she introduced her first budget for Texas, she said: “This is not another one of those deals where you put lipstick on a hog and call it a princess” (Zimmer par. 4). The earliest reputed recorded use of an American politician using the phrase was Texas Democrat Jim Hightower, who applied it to depict the reorganisation of Ronald Reagan's Cabinet in 1986 (Macintyre 16). Time magazine reporters (Covington and Curry par. 2) and Zimmer (par. 3) claimed that a San Francisco radio personality, Ron Lyons, was one of the earliest quoted in print with “lipstick on a pig” about renovation plans for a local park in November 1985 in the Washington Post. Author of the Double-Tongued Dictionary, Grant Barrett, uncovered a 1980 article from a small Washington state newspaper as the earliest written record with an article that stated: “You can clean up a pig, put a ribbon on it’s [sic] tail, spray it with perfume, but it is still a pig” (Guzman par. 7). A book on communication also adopted the pig metaphor in its title in 2006, Lipstick on a Pig: Winning in the No-Spin Era by Someone Who Knows the Game, by Torie Clarke, who previously served as Assistant Secretary of Defense for Public Affairs under Donald Rumsfield during the early years of the G.W. Bush Administration. Media Commentary According to The New York Times (Leibovich and Barrett), “lipstick on a pig” was one of the most popular political buzzwords and phrases of 2008, along with others directly referring to Palin, “Caribou Barbie” and “Hockey Mom,” as well as “Maverick,” a popular term used by both McCain and Palin. Many journalists played on the metaphor to express disdain for negative political campaigns. A Wall Street Journal article asked: “What's the difference between a more hopeful kind of politics and old-fashioned attacks? Lipstick” (Chozick par. 1). International media also covered the Obama-McCain lipstick wars. The Economist, for example, wrote that the “descent of American politics into pig wrestling has dismayed America’s best friends abroad” (“Endless Culture War” par. 6). Bloggers claimed that Obama’s “lipstick” speech was influenced by copy and imagery from two leading American cartoonists. The Free Republic, self-acclaimed to be “the premier online gathering place for independent, grass-roots conservatism” (Freerepublic.com), claimed that Obama plagiarized almost verbatim the language leading into the “pig” comment from a Tom Toles cartoon that ran in the Washington Post on 5 Sepember (see fig. 1).Fig. 1. Toles, Tom. Cartoon. Washington Post. 5 Sep. 2008. 30 July 2010 Another cartoon by R. J. Matson appeared in the St. Louis Post Dispatch (see fig. 2) four days before Obama’s speech that depicted Palin not just as a pig wearing lipstick, but as one using pork barrel funding. The cartoon’s caption provides an interpretation of Palin's lipstick analogy: “Question: What’s the Difference Between a Hockey Mom Reformer and a Business-As-Usual Pork Barrel-Spending Politician? Answer: Lipstick.” Newsbusters.org blogger stated: “It’s not too far-fetched to say Team Obama is cribbing his stump speech laugh lines from the liberal funnies” (Shepherd par. 3). Fig 2. Matson, R. J. Cartoon. St. Louis Post Dispatch. 5 Sep. 2008. 30 July 2010 . A porcine American character known for heavy makeup and a starring role as one of the Muppets created by puppeteer Jim Henson in the 1970s, Miss Piggy still remains an American icon. She commented on the situation during an interview on the set of “Today,” an American television program. When the interviewer asked, “Were you surprised by all the hubbub this election season over your lipstick practices?,” Miss Piggy’s response was “Moi will not dignify that with a response” (Raphael par. 6-7). Concluding Comments The 2008 U.S. presidential election presented new players in the arena: the first African-American in a leading party and the first female Republican. During a major election, words used by candidates are widely scrutinised and, in this case, the “lipstick on a pig” phrase was misconstrued by the opposing party, known for conservative values, that latched onto the opportunity to level a charge of sexism against the more liberal party. Vocabulary about gender, like language about race, can become a “minefield” (Givhan M01). With today’s 24/7 news cycle and the blogosphere, the perceived significance of a political comment, whether innocent or not, is magnified through repeated analysis and commentary. The meme-tracking study by Leskovec, Backstrom, and Kleinberg observed that 2.5 hours was the typical time lag between stories originating in mainstream media and reaching the blogosphere (8); whereas only 3.5 percent of the stories began in blogs and later permeated into traditional media (9). An English author of the history of clichés and language, Julia Cresswell, stated that the “lipstick” term “seems to be another candidate for clichéhood” (61). Although usage of clichés can prove to cause complications as in the case of Obama’s lipstick reference, Obama was able to diffuse the Republican backlash quickly and make a plea to return to serious issues affecting voters. David Greenberg analysed Obama’s presidential win and explained: And although other factors, especially the tanking economy, obviously contributed more directly to his November victory, it would be a mistake to overlook the importance of his skill at mastering the politics of negative attacks. When Obama went negative against others, he carefully singled out aspects of his opponents’ characters that, he argued, American politics itself had to transcend; he associated his foes with the worst of the old politics and himself with the best of the new. When others fired at him, in contrast, he was almost always able to turn the criticisms back upon them—through feigned outrage, among other tactics—as perpetuating those selfsame blights on our politics (70). References Applegate, Aaron. “Rep. Drake Criticizes Obama for ‘Lipstick on a Pig’ Remark.” Virginia Pilot 10 Sep. 2008. 28 Jul. 2010. Chozick, Amy. “Obama Puts Different Twist on Lipstick.” Wall Street Journal 9 Sep. 2008. 30 Jul. 2010. Covington, Marti, and Maya Curry. “A Brief History of: ‘Putting Lipstick on a Pig.’” Time 11 Sep. 2008. 17 May 2010. Cresswell, Julia. “Let’s Hear it for the Cliché.” British Journalism Review 19.57 (2008): 57-61. “Endless Culture War.” The Economist 4 Oct. 2008: ABI/INFORM Global, ProQuest. 30 Jul. 2010. “Definition Pork Barrel.” Webster’s Online Dictionary. 30 Jul. 2010. freerepublic.com. “Welcome to Free Republic.” Free Republic 2009. 30 Jul. 2010. Givhan, Robin. “On the Subject of Race, Words Get in the Way.” Washington Post 20 Jan. 2008: M01. Greenberg, David. “Accentuating the Negative.” Dissent 56.2 (2009): 70-75. Guzman, Monica. “‘Lipstick on a Pig’ Finds Origin in Tiny State Newspaper.” Seattlepi.com 10 Sep. 2008. 17 May 2010. Harper, Jennifer. “Obama Comment Offends GOP Women; ‘Palin Truth Squad’ Sent Out to Counter ‘Lipstick on a Pig’ Remark.” Washington Times 10 Sep. 2008: A13. Huston, Warner Todd. “Did Obama Steal His Lip Stick on a Pig From a Political Cartoon?” Newsbusters.org 10 Sep. 2008. 15 Jul. 2010 . James, Frank. “Barack Obama on David Letterman.” Chicago Tribune 11 Sep. 2008. 15 Jul. 2010 http://www.swamppolitics.com/news/politics/blog/2008/09/barack_obama_on_david_letterma.html>. Kornblut, Anne E., and Michael D. Shear. “McCain Camp Sees an Insult in a Saying.” Washington Post 10 Sep. 2008. 30 Jul. 2010 AR2008090903531.html>. Kuhn, David P. “GOP Fears Charges of Racism, Sexism.” Politico.com 23 Feb. 2008. 4 Oct. 2010. Kuntz, Tom. “Porkulus.” NYTimes.com 8 Feb. 2009. 30 Jul. 2010. Leary, Anne. “Liberal Chauvinist Pigs.” BlogHer 9 Sep. 2008. 2 Oct. 2010. Leibovich, Mark, and Grant Barrett. “The Buzzwords of 2008.” New York Times 21 Dec. 2008. 29 Jul. 2010 http://www.nytimes.com/ref/weekinreview/buzzwords2008.html>. Leskovec, Jure, Lars Backstrom, and Jon Kleinberg. “Meme-tracking and the Dynamics of the News Cycle.” ACM SIGKDD International Conference on Knowledge Discovery and Data Mining, Paris, 28 Jun. 2009. 30 Jul. 2010 . Macintyre, Ben. “US Politics is Littered with Dawgs, Crawdaddys and Pigs in Lipstick.” The Times [London] 27 Sep. 2008: 16. Mansbridge, Jane, and Katherine Flaster. “Male Chauvinist, Feminist, Sexist, and Sexual Harassment: Different Trajectories in Feminist Linguistic Innovation.” American Speech 80.3 (Fall 2005): 256-279. Maxey, Chester Collins. “A Little History of Pork.” National Municipal Review, Volume VIII. Concord: Rumford Press, 1919. Google Books. 30 Jul. 2010. “Obama Hits Back Against McCain Campaign.” MSNBC 10 Sep. 2008. Televised Speech. 18 May 2010. “Obama’s Take on McCain's Version of Change.” CNN 9 Sep. 2009. YouTube.com. 17 May 2010. “Palin’s Speech at the Republican National Convention.” New York Times 3 Sep. 2008. 17 May 2010. “Pork Barrel.” Merriam-Webster Online Dictionary 2010. 30 Jul. 2010. “Pork Barrel Legislation.” C-SPAN Congressional Glossary. c-span.org. 17 May 2010. Raphael, Rina. “Miss Piggy: Obama Should Make Poodle First Pet” Today 13 Nov. 2008. MSNBC.com. 29 Jul. 2010. Shepherd, Ken. “Palin Shown As Lipsticked Pig in Cartoon Days Before Obama Remark.” NewsBusters.org 11 Sep. 2008. 30 Jul. 2010 . Siegel, Robert. “Putting Lipstick on a Pig.” National Public Radio 10 Sep. 2008. 16 Jul. 2010. Silva, Mark. “Katie Couric's 'Lipstick' Rescue: CBS.” Chicago Tribune 11 Sep. 2008. 30 Jul. 2010. Tapper, Jack. “A Piggish Debate: Power, Pop, and Probings from ABC News Senior White House Correspondent Jake Tapper.” ABC News 9 Sep. 2008. 29 Jul. 2010. “VP Pick Palin Makes Appeal to Women Voters.” NBC News, msnbc.com, and Associated Press 28 Aug. 2008. 30 Jul. 2010. Weisman, Jonathan, and Peter Slevin. “McCain Camp Hits Obama on More Than One Front.” Washington Post 11 Sep. 2008: A04. Zeleny, Jeff. “Feeling a Challenge, Obama Sharpens His Silver Tongue.” New York Times 10 Sep. 2008. 27 Jul. 2010. Zimmer, Ben. “Who First Put ‘Lipstick on a Pig’?” The Slate 10 Sep. 2008. 17 May 2010.

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Abstract:

On the morning of Thursday, 4 May 2006, the United States House Permanent Select Committee on Intelligence held an open hearing entitled “Terrorist Use of the Internet.” The Intelligence committee meeting was scheduled to take place in Room 1302 of the Longworth Office Building, a Depression-era structure with a neoclassical façade. Because of a dysfunctional elevator, some of the congressional representatives were late to the meeting. During the testimony about the newest political applications for cutting-edge digital technology, the microphones periodically malfunctioned, and witnesses complained of “technical problems” several times. By the end of the day it seemed that what was to be remembered about the hearing was the shocking revelation that terrorists were using videogames to recruit young jihadists. The Associated Press wrote a short, restrained article about the hearing that only mentioned “computer games and recruitment videos” in passing. Eager to have their version of the news item picked up, Reuters made videogames the focus of their coverage with a headline that announced, “Islamists Using US Videogames in Youth Appeal.” Like a game of telephone, as the Reuters videogame story was quickly re-run by several Internet news services, each iteration of the title seemed less true to the exact language of the original. One Internet news service changed the headline to “Islamic militants recruit using U.S. video games.” Fox News re-titled the story again to emphasise that this alert about technological manipulation was coming from recognised specialists in the anti-terrorism surveillance field: “Experts: Islamic Militants Customizing Violent Video Games.” As the story circulated, the body of the article remained largely unchanged, in which the Reuters reporter described the digital materials from Islamic extremists that were shown at the congressional hearing. During the segment that apparently most captured the attention of the wire service reporters, eerie music played as an English-speaking narrator condemned the “infidel” and declared that he had “put a jihad” on them, as aerial shots moved over 3D computer-generated images of flaming oil facilities and mosques covered with geometric designs. Suddenly, this menacing voice-over was interrupted by an explosion, as a virtual rocket was launched into a simulated military helicopter. The Reuters reporter shared this dystopian vision from cyberspace with Western audiences by quoting directly from the chilling commentary and describing a dissonant montage of images and remixed sound. “I was just a boy when the infidels came to my village in Blackhawk helicopters,” a narrator’s voice said as the screen flashed between images of street-level gunfights, explosions and helicopter assaults. Then came a recording of President George W. Bush’s September 16, 2001, statement: “This crusade, this war on terrorism, is going to take a while.” It was edited to repeat the word “crusade,” which Muslims often define as an attack on Islam by Christianity. According to the news reports, the key piece of evidence before Congress seemed to be a film by “SonicJihad” of recorded videogame play, which – according to the experts – was widely distributed online. Much of the clip takes place from the point of view of a first-person shooter, seen as if through the eyes of an armed insurgent, but the viewer also periodically sees third-person action in which the player appears as a running figure wearing a red-and-white checked keffiyeh, who dashes toward the screen with a rocket launcher balanced on his shoulder. Significantly, another of the player’s hand-held weapons is a detonator that triggers remote blasts. As jaunty music plays, helicopters, tanks, and armoured vehicles burst into smoke and flame. Finally, at the triumphant ending of the video, a green and white flag bearing a crescent is hoisted aloft into the sky to signify victory by Islamic forces. To explain the existence of this digital alternative history in which jihadists could be conquerors, the Reuters story described the deviousness of the country’s terrorist opponents, who were now apparently modifying popular videogames through their wizardry and inserting anti-American, pro-insurgency content into U.S.-made consumer technology. One of the latest video games modified by militants is the popular “Battlefield 2” from leading video game publisher, Electronic Arts Inc of Redwood City, California. Jeff Brown, a spokesman for Electronic Arts, said enthusiasts often write software modifications, known as “mods,” to video games. “Millions of people create mods on games around the world,” he said. “We have absolutely no control over them. It’s like drawing a mustache on a picture.” Although the Electronic Arts executive dismissed the activities of modders as a “mustache on a picture” that could only be considered little more than childish vandalism of their off-the-shelf corporate product, others saw a more serious form of criminality at work. Testifying experts and the legislators listening on the committee used the video to call for greater Internet surveillance efforts and electronic counter-measures. Within twenty-four hours of the sensationalistic news breaking, however, a group of Battlefield 2 fans was crowing about the idiocy of reporters. The game play footage wasn’t from a high-tech modification of the software by Islamic extremists; it had been posted on a Planet Battlefield forum the previous December of 2005 by a game fan who had cut together regular game play with a Bush remix and a parody snippet of the soundtrack from the 2004 hit comedy film Team America. The voice describing the Black Hawk helicopters was the voice of Trey Parker of South Park cartoon fame, and – much to Parker’s amusem*nt – even the mention of “goats screaming” did not clue spectators in to the fact of a comic source. Ironically, the moment in the movie from which the sound clip is excerpted is one about intelligence gathering. As an agent of Team America, a fictional elite U.S. commando squad, the hero of the film’s all-puppet cast, Gary Johnston, is impersonating a jihadist radical inside a hostile Egyptian tavern that is modelled on the cantina scene from Star Wars. Additional laughs come from the fact that agent Johnston is accepted by the menacing terrorist cell as “Hakmed,” despite the fact that he utters a series of improbable clichés made up of incoherent stereotypes about life in the Middle East while dressed up in a disguise made up of shoe polish and a turban from a bathroom towel. The man behind the “SonicJihad” pseudonym turned out to be a twenty-five-year-old hospital administrator named Samir, and what reporters and representatives saw was nothing more exotic than game play from an add-on expansion pack of Battlefield 2, which – like other versions of the game – allows first-person shooter play from the position of the opponent as a standard feature. While SonicJihad initially joined his fellow gamers in ridiculing the mainstream media, he also expressed astonishment and outrage about a larger politics of reception. In one interview he argued that the media illiteracy of Reuters potentially enabled a whole series of category errors, in which harmless gamers could be demonised as terrorists. It wasn’t intended for the purpose what it was portrayed to be by the media. So no I don’t regret making a funny video . . . why should I? The only thing I regret is thinking that news from Reuters was objective and always right. The least they could do is some online research before publishing this. If they label me al-Qaeda just for making this silly video, that makes you think, what is this al-Qaeda? And is everything al-Qaeda? Although Sonic Jihad dismissed his own work as “silly” or “funny,” he expected considerably more from a credible news agency like Reuters: “objective” reporting, “online research,” and fact-checking before “publishing.” Within the week, almost all of the salient details in the Reuters story were revealed to be incorrect. SonicJihad’s film was not made by terrorists or for terrorists: it was not created by “Islamic militants” for “Muslim youths.” The videogame it depicted had not been modified by a “tech-savvy militant” with advanced programming skills. Of course, what is most extraordinary about this story isn’t just that Reuters merely got its facts wrong; it is that a self-identified “parody” video was shown to the august House Intelligence Committee by a team of well-paid “experts” from the Science Applications International Corporation (SAIC), a major contractor with the federal government, as key evidence of terrorist recruitment techniques and abuse of digital networks. Moreover, this story of media illiteracy unfolded in the context of a fundamental Constitutional debate about domestic surveillance via communications technology and the further regulation of digital content by lawmakers. Furthermore, the transcripts of the actual hearing showed that much more than simple gullibility or technological ignorance was in play. Based on their exchanges in the public record, elected representatives and government experts appear to be keenly aware that the digital discourses of an emerging information culture might be challenging their authority and that of the longstanding institutions of knowledge and power with which they are affiliated. These hearings can be seen as representative of a larger historical moment in which emphatic declarations about prohibiting specific practices in digital culture have come to occupy a prominent place at the podium, news desk, or official Web portal. This environment of cultural reaction can be used to explain why policy makers’ reaction to terrorists’ use of networked communication and digital media actually tells us more about our own American ideologies about technology and rhetoric in a contemporary information environment. When the experts come forward at the Sonic Jihad hearing to “walk us through the media and some of the products,” they present digital artefacts of an information economy that mirrors many of the features of our own consumption of objects of electronic discourse, which seem dangerously easy to copy and distribute and thus also create confusion about their intended meanings, audiences, and purposes. From this one hearing we can see how the reception of many new digital genres plays out in the public sphere of legislative discourse. Web pages, videogames, and Weblogs are mentioned specifically in the transcript. The main architecture of the witnesses’ presentation to the committee is organised according to the rhetorical conventions of a PowerPoint presentation. Moreover, the arguments made by expert witnesses about the relationship of orality to literacy or of public to private communications in new media are highly relevant to how we might understand other important digital genres, such as electronic mail or text messaging. The hearing also invites consideration of privacy, intellectual property, and digital “rights,” because moral values about freedom and ownership are alluded to by many of the elected representatives present, albeit often through the looking glass of user behaviours imagined as radically Other. For example, terrorists are described as “modders” and “hackers” who subvert those who properly create, own, legitimate, and regulate intellectual property. To explain embarrassing leaks of infinitely replicable digital files, witness Ron Roughead says, “We’re not even sure that they don’t even hack into the kinds of spaces that hold photographs in order to get pictures that our forces have taken.” Another witness, Undersecretary of Defense for Policy and International Affairs, Peter Rodman claims that “any video game that comes out, as soon as the code is released, they will modify it and change the game for their needs.” Thus, the implication of these witnesses’ testimony is that the release of code into the public domain can contribute to political subversion, much as covert intrusion into computer networks by stealthy hackers can. However, the witnesses from the Pentagon and from the government contractor SAIC often present a contradictory image of the supposed terrorists in the hearing transcripts. Sometimes the enemy is depicted as an organisation of technological masterminds, capable of manipulating the computer code of unwitting Americans and snatching their rightful intellectual property away; sometimes those from the opposing forces are depicted as pre-modern and even sub-literate political innocents. In contrast, the congressional representatives seem to focus on similarities when comparing the work of “terrorists” to the everyday digital practices of their constituents and even of themselves. According to the transcripts of this open hearing, legislators on both sides of the aisle express anxiety about domestic patterns of Internet reception. Even the legislators’ own Web pages are potentially disruptive electronic artefacts, particularly when the demands of digital labour interfere with their duties as lawmakers. Although the subject of the hearing is ostensibly terrorist Websites, Representative Anna Eshoo (D-California) bemoans the difficulty of maintaining her own official congressional site. As she observes, “So we are – as members, I think we’re very sensitive about what’s on our Website, and if I retained what I had on my Website three years ago, I’d be out of business. So we know that they have to be renewed. They go up, they go down, they’re rebuilt, they’re – you know, the message is targeted to the future.” In their questions, lawmakers identify Weblogs (blogs) as a particular area of concern as a destabilising alternative to authoritative print sources of information from established institutions. Representative Alcee Hastings (D-Florida) compares the polluting power of insurgent bloggers to that of influential online muckrakers from the American political Right. Hastings complains of “garbage on our regular mainstream news that comes from blog sites.” Representative Heather Wilson (R-New Mexico) attempts to project a media-savvy persona by bringing up the “phenomenon of blogging” in conjunction with her questions about jihadist Websites in which she notes how Internet traffic can be magnified by cooperative ventures among groups of ideologically like-minded content-providers: “These Websites, and particularly the most active ones, are they cross-linked? And do they have kind of hot links to your other favorite sites on them?” At one point Representative Wilson asks witness Rodman if he knows “of your 100 hottest sites where the Webmasters are educated? What nationality they are? Where they’re getting their money from?” In her questions, Wilson implicitly acknowledges that Web work reflects influences from pedagogical communities, economic networks of the exchange of capital, and even potentially the specific ideologies of nation-states. It is perhaps indicative of the government contractors’ anachronistic worldview that the witness is unable to answer Wilson’s question. He explains that his agency focuses on the physical location of the server or ISP rather than the social backgrounds of the individuals who might be manufacturing objectionable digital texts. The premise behind the contractors’ working method – surveilling the technical apparatus not the social network – may be related to other beliefs expressed by government witnesses, such as the supposition that jihadist Websites are collectively produced and spontaneously emerge from the indigenous, traditional, tribal culture, instead of assuming that Iraqi insurgents have analogous beliefs, practices, and technological awareness to those in first-world countries. The residual subtexts in the witnesses’ conjectures about competing cultures of orality and literacy may tell us something about a reactionary rhetoric around videogames and digital culture more generally. According to the experts before Congress, the Middle Eastern audience for these videogames and Websites is limited by its membership in a pre-literate society that is only capable of abortive cultural production without access to knowledge that is archived in printed codices. Sometimes the witnesses before Congress seem to be unintentionally channelling the ideas of the late literacy theorist Walter Ong about the “secondary orality” associated with talky electronic media such as television, radio, audio recording, or telephone communication. Later followers of Ong extend this concept of secondary orality to hypertext, hypermedia, e-mail, and blogs, because they similarly share features of both speech and written discourse. Although Ong’s disciples celebrate this vibrant reconnection to a mythic, communal past of what Kathleen Welch calls “electric rhetoric,” the defence industry consultants express their profound state of alarm at the potentially dangerous and subversive character of this hybrid form of communication. The concept of an “oral tradition” is first introduced by the expert witnesses in the context of modern marketing and product distribution: “The Internet is used for a variety of things – command and control,” one witness states. “One of the things that’s missed frequently is how and – how effective the adversary is at using the Internet to distribute product. They’re using that distribution network as a modern form of oral tradition, if you will.” Thus, although the Internet can be deployed for hierarchical “command and control” activities, it also functions as a highly efficient peer-to-peer distributed network for disseminating the commodity of information. Throughout the hearings, the witnesses imply that unregulated lateral communication among social actors who are not authorised to speak for nation-states or to produce legitimated expert discourses is potentially destabilising to political order. Witness Eric Michael describes the “oral tradition” and the conventions of communal life in the Middle East to emphasise the primacy of speech in the collective discursive practices of this alien population: “I’d like to point your attention to the media types and the fact that the oral tradition is listed as most important. The other media listed support that. And the significance of the oral tradition is more than just – it’s the medium by which, once it comes off the Internet, it is transferred.” The experts go on to claim that this “oral tradition” can contaminate other media because it functions as “rumor,” the traditional bane of the stately discourse of military leaders since the classical era. The oral tradition now also has an aspect of rumor. A[n] event takes place. There is an explosion in a city. Rumor is that the United States Air Force dropped a bomb and is doing indiscriminate killing. This ends up being discussed on the street. It ends up showing up in a Friday sermon in a mosque or in another religious institution. It then gets recycled into written materials. Media picks up the story and broadcasts it, at which point it’s now a fact. In this particular case that we were telling you about, it showed up on a network television, and their propaganda continues to go back to this false initial report on network television and continue to reiterate that it’s a fact, even though the United States government has proven that it was not a fact, even though the network has since recanted the broadcast. In this example, many-to-many discussion on the “street” is formalised into a one-to many “sermon” and then further stylised using technology in a one-to-many broadcast on “network television” in which “propaganda” that is “false” can no longer be disputed. This “oral tradition” is like digital media, because elements of discourse can be infinitely copied or “recycled,” and it is designed to “reiterate” content. In this hearing, the word “rhetoric” is associated with destructive counter-cultural forces by the witnesses who reiterate cultural truisms dating back to Plato and the Gorgias. For example, witness Eric Michael initially presents “rhetoric” as the use of culturally specific and hence untranslatable figures of speech, but he quickly moves to an outright castigation of the entire communicative mode. “Rhetoric,” he tells us, is designed to “distort the truth,” because it is a “selective” assembly or a “distortion.” Rhetoric is also at odds with reason, because it appeals to “emotion” and a romanticised Weltanschauung oriented around discourses of “struggle.” The film by SonicJihad is chosen as the final clip by the witnesses before Congress, because it allegedly combines many different types of emotional appeal, and thus it conveniently ties together all of the themes that the witnesses present to the legislators about unreliable oral or rhetorical sources in the Middle East: And there you see how all these products are linked together. And you can see where the games are set to psychologically condition you to go kill coalition forces. You can see how they use humor. You can see how the entire campaign is carefully crafted to first evoke an emotion and then to evoke a response and to direct that response in the direction that they want. Jihadist digital products, especially videogames, are effective means of manipulation, the witnesses argue, because they employ multiple channels of persuasion and carefully sequenced and integrated subliminal messages. To understand the larger cultural conversation of the hearing, it is important to keep in mind that the related argument that “games” can “psychologically condition” players to be predisposed to violence is one that was important in other congressional hearings of the period, as well one that played a role in bills and resolutions that were passed by the full body of the legislative branch. In the witness’s testimony an appeal to anti-game sympathies at home is combined with a critique of a closed anti-democratic system abroad in which the circuits of rhetorical production and their composite metonymic chains are described as those that command specific, unvarying, robotic responses. This sharp criticism of the artful use of a presentation style that is “crafted” is ironic, given that the witnesses’ “compilation” of jihadist digital material is staged in the form of a carefully structured PowerPoint presentation, one that is paced to a well-rehearsed rhythm of “slide, please” or “next slide” in the transcript. The transcript also reveals that the members of the House Intelligence Committee were not the original audience for the witnesses’ PowerPoint presentation. Rather, when it was first created by SAIC, this “expert” presentation was designed for training purposes for the troops on the ground, who would be facing the challenges of deployment in hostile terrain. According to the witnesses, having the slide show showcased before Congress was something of an afterthought. Nonetheless, Congressman Tiahrt (R-KN) is so impressed with the rhetorical mastery of the consultants that he tries to appropriate it. As Tiarht puts it, “I’d like to get a copy of that slide sometime.” From the hearing we also learn that the terrorists’ Websites are threatening precisely because they manifest a polymorphously perverse geometry of expansion. For example, one SAIC witness before the House Committee compares the replication and elaboration of digital material online to a “spiderweb.” Like Representative Eshoo’s site, he also notes that the terrorists’ sites go “up” and “down,” but the consultant is left to speculate about whether or not there is any “central coordination” to serve as an organising principle and to explain the persistence and consistency of messages despite the apparent lack of a single authorial ethos to offer a stable, humanised, point of reference. In the hearing, the oft-cited solution to the problem created by the hybridity and iterability of digital rhetoric appears to be “public diplomacy.” Both consultants and lawmakers seem to agree that the damaging messages of the insurgents must be countered with U.S. sanctioned information, and thus the phrase “public diplomacy” appears in the hearing seven times. However, witness Roughhead complains that the protean “oral tradition” and what Henry Jenkins has called the “transmedia” character of digital culture, which often crosses several platforms of traditional print, projection, or broadcast media, stymies their best rhetorical efforts: “I think the point that we’ve tried to make in the briefing is that wherever there’s Internet availability at all, they can then download these – these programs and put them onto compact discs, DVDs, or post them into posters, and provide them to a greater range of people in the oral tradition that they’ve grown up in. And so they only need a few Internet sites in order to distribute and disseminate the message.” Of course, to maintain their share of the government market, the Science Applications International Corporation also employs practices of publicity and promotion through the Internet and digital media. They use HTML Web pages for these purposes, as well as PowerPoint presentations and online video. The rhetoric of the Website of SAIC emphasises their motto “From Science to Solutions.” After a short Flash film about how SAIC scientists and engineers solve “complex technical problems,” the visitor is taken to the home page of the firm that re-emphasises their central message about expertise. The maps, uniforms, and specialised tools and equipment that are depicted in these opening Web pages reinforce an ethos of professional specialisation that is able to respond to multiple threats posed by the “global war on terror.” By 26 June 2006, the incident finally was being described as a “Pentagon Snafu” by ABC News. From the opening of reporter Jake Tapper’s investigative Webcast, established government institutions were put on the spot: “So, how much does the Pentagon know about videogames? Well, when it came to a recent appearance before Congress, apparently not enough.” Indeed, the very language about “experts” that was highlighted in the earlier coverage is repeated by Tapper in mockery, with the significant exception of “independent expert” Ian Bogost of the Georgia Institute of Technology. If the Pentagon and SAIC deride the legitimacy of rhetoric as a cultural practice, Bogost occupies himself with its defence. In his recent book Persuasive Games: The Expressive Power of Videogames, Bogost draws upon the authority of the “2,500 year history of rhetoric” to argue that videogames represent a significant development in that cultural narrative. Given that Bogost and his Watercooler Games Weblog co-editor Gonzalo Frasca were actively involved in the detective work that exposed the depth of professional incompetence involved in the government’s line-up of witnesses, it is appropriate that Bogost is given the final words in the ABC exposé. As Bogost says, “We should be deeply bothered by this. We should really be questioning the kind of advice that Congress is getting.” Bogost may be right that Congress received terrible counsel on that day, but a close reading of the transcript reveals that elected officials were much more than passive listeners: in fact they were lively participants in a cultural conversation about regulating digital media. After looking at the actual language of these exchanges, it seems that the persuasiveness of the misinformation from the Pentagon and SAIC had as much to do with lawmakers’ preconceived anxieties about practices of computer-mediated communication close to home as it did with the contradictory stereotypes that were presented to them about Internet practices abroad. In other words, lawmakers found themselves looking into a fun house mirror that distorted what should have been familiar artefacts of American popular culture because it was precisely what they wanted to see. References ABC News. “Terrorist Videogame?” Nightline Online. 21 June 2006. 22 June 2006 http://abcnews.go.com/Video/playerIndex?id=2105341>. Bogost, Ian. Persuasive Games: Videogames and Procedural Rhetoric. Cambridge, MA: MIT Press, 2007. Game Politics. “Was Congress Misled by ‘Terrorist’ Game Video? We Talk to Gamer Who Created the Footage.” 11 May 2006. http://gamepolitics.livejournal.com/285129.html#cutid1>. Jenkins, Henry. Convergence Culture: Where Old and New Media Collide. New York: New York UP, 2006. julieb. “David Morgan Is a Horrible Writer and Should Be Fired.” Online posting. 5 May 2006. Dvorak Uncensored Cage Match Forums. http://cagematch.dvorak.org/index.php/topic,130.0.html>. Mahmood. “Terrorists Don’t Recruit with Battlefield 2.” GGL Global Gaming. 16 May 2006 http://www.ggl.com/news.php?NewsId=3090>. Morgan, David. “Islamists Using U.S. Video Games in Youth Appeal.” Reuters online news service. 4 May 2006 http://today.reuters.com/news/ArticleNews.aspx?type=topNews &storyID=2006-05-04T215543Z_01_N04305973_RTRUKOC_0_US-SECURITY- VIDEOGAMES.xml&pageNumber=0&imageid=&cap=&sz=13&WTModLoc= NewsArt-C1-ArticlePage2>. Ong, Walter J. Orality and Literacy: The Technologizing of the Word. London/New York: Methuen, 1982. Parker, Trey. Online posting. 7 May 2006. 9 May 2006 http://www.treyparker.com>. Plato. “Gorgias.” Plato: Collected Dialogues. Princeton: Princeton UP, 1961. Shrader, Katherine. “Pentagon Surfing Thousands of Jihad Sites.” Associated Press 4 May 2006. SonicJihad. “SonicJihad: A Day in the Life of a Resistance Fighter.” Online posting. 26 Dec. 2005. Planet Battlefield Forums. 9 May 2006 http://www.forumplanet.com/planetbattlefield/topic.asp?fid=13670&tid=1806909&p=1>. Tapper, Jake, and Audery Taylor. “Terrorist Video Game or Pentagon Snafu?” ABC News Nightline 21 June 2006. 30 June 2006 http://abcnews.go.com/Nightline/Technology/story?id=2105128&page=1>. U.S. Congressional Record. Panel I of the Hearing of the House Select Intelligence Committee, Subject: “Terrorist Use of the Internet for Communications.” Federal News Service. 4 May 2006. Welch, Kathleen E. Electric Rhetoric: Classical Rhetoric, Oralism, and the New Literacy. Cambridge, MA: MIT Press, 1999. Citation reference for this article MLA Style Losh, Elizabeth. "Artificial Intelligence: Media Illiteracy and the SonicJihad Debacle in Congress." M/C Journal 10.5 (2007). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0710/08-losh.php>. APA Style Losh, E. (Oct. 2007) "Artificial Intelligence: Media Illiteracy and the SonicJihad Debacle in Congress," M/C Journal, 10(5). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0710/08-losh.php>.

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Abstract:

In Australia the “intimacy” of citizenship (Berlant 2), is often used to reinforce subscription to heteronormative romantic and familial structures. Because this framing promotes discourses of moral failure, recent political attention to sexuality and same-sex couples can be filtered through insights into coalitional affiliations. This paper uses contemporary shifts in Australian politics and culture to think through the concept of coalition, and in particular to analyse connections between sexuality and governmentality (or more specifically normative bias and same-sex relationships) in what I’m calling post-coalitional Australia. Against the unpredictability of changing parties and governments, allegiances and alliances, this paper suggests the continuing adherence to a heteronormatively arranged public sphere. After the current Australian Prime Minister Julia Gillard deposed the previous leader, Kevin Rudd, she clung to power with the help of independents and the Greens, and clichés of a “rainbow coalition” and a “new paradigm” were invoked to describe the confused electorate and governmental configuration. Yet in 2007, a less confused Australia decisively threw out the Howard–led Liberal and National Party coalition government after eleven years, in favour of Rudd’s own rainbow coalition: a seemingly invigorated party focussed on gender equity, Indigenous Australians, multi-cultural visibility, workplace relations, Austral-Asian relations, humane refugee processing, the environment, and the rights and obligations of same-sex couples. A post-coalitional Australia invokes something akin to “aftermath culture” (Lambert and Simpson), referring not just to Rudd’s fall or Howard’s election loss, but to the broader shifting contexts within which most Australian citizens live, and within which they make sense of the terms “Australia” and “Australian”. Contemporary Australia is marked everywhere by cracks in coalitions and shifts in allegiances and belief systems – the Coalition of the Willing falling apart, the coalition government crushed by defeat, deposed leaders, and unlikely political shifts and (re)alignments in the face of a hung parliament and renewed pushes toward moral and cultural change. These breakdowns in allegiances are followed by swift symbolically charged manoeuvres. Gillard moved quickly to repair relations with mining companies damaged by Rudd’s plans for a mining tax and to water down frustration with the lack of a sustainable Emissions Trading Scheme. And one of the first things Kevin Rudd did as Prime Minister was to change the fittings and furnishings in the Prime Ministerial office, of which Wright observed that “Mr Howard is gone and Prime Minister Kevin Rudd has moved in, the Parliament House bureaucracy has ensured all signs of the old-style gentlemen's club… have been banished” (The Age, 5 Dec. 2007). Some of these signs were soon replaced by Ms. Gillard herself, who filled the office in turn with memorabilia from her beloved Footscray, an Australian Rules football team. In post-coalitional Australia the exile of the old Menzies’ desk and a pair of Chesterfield sofas works alongside the withdrawal of troops from Iraq and renewed pledges for military presence in Afghanistan, apologising to stolen generations of Indigenous Australians, the first female Governor General, deputy Prime Minister and then Prime Minister (the last two both Gillard), the repealing of disadvantageous workplace reform, a focus on climate change and global warming (with limited success as stated), a public, mandatory paid maternity leave scheme, changes to the processing and visas of refugees, and the amendments to more than one hundred laws that discriminate against same sex couples by the pre-Gillard, Rudd-led Labor government. The context for these changes was encapsulated in an announcement from Rudd, made in March 2008: Our core organising principle as a Government is equality of opportunity. And advancing people and their opportunities in life, we are a Government which prides itself on being blind to gender, blind to economic background, blind to social background, blind to race, blind to sexuality. (Rudd, “International”) Noting the political possibilities and the political convenience of blindness, this paper navigates the confusing context of post-coalitional Australia, whilst proffering an understanding of some of the cultural forces at work in this age of shifting and unstable alliances. I begin by interrogating the coalitional impulse post 9/11. I do this by connecting public coalitional shifts to the steady withdrawal of support for John Howard’s coalition, and movement away from George Bush’s Coalition of the Willing and the War on Terror. I then draw out a relationship between the rise and fall of such affiliations and recent shifts within government policy affecting same-sex couples, from former Prime Minister Howard’s amendments to The Marriage Act 1961 to the Rudd-Gillard administration’s attention to the discrimination in many Australian laws. Sexual Citizenship and Coalitions Rights and entitlements have always been constructed and managed in ways that live out understandings of biopower and social death (Foucault History; Discipline). The disciplining of bodies, identities and pleasures is so deeply entrenched in government and law that any non-normative claim to rights requires the negotiation of existing structures. Sexual citizenship destabilises the post-coalitional paradigm of Australian politics (one of “equal opportunity” and consensus) by foregrounding the normative biases that similarly transcend partisan politics. Sexual citizenship has been well excavated in critical work from Evans, Berlant, Weeks, Richardson, and Bell and Binnie’s The Sexual Citizen which argues that “many of the current modes of the political articulation of sexual citizenship are marked by compromise; this is inherent in the very notion itself… the twinning of rights with responsibilities in the logic of citizenship is another way of expressing compromise… Every entitlement is freighted with a duty” (2-3). This logic extends to political and economic contexts, where “natural” coalition refers primarily to parties, and in particular those “who have powerful shared interests… make highly valuable trades, or who, as a unit, can extract significant value from others without much risk of being split” (Lax and Sebinius 158). Though the term is always in some way politicised, it need not refer only to partisan, multiparty or multilateral configurations. The subscription to the norms (or normativity) of a certain familial, social, religious, ethnic, or leisure groups is clearly coalitional (as in a home or a front, a club or a team, a committee or a congregation). Although coalition is interrogated in political and social sciences, it is examined frequently in mathematical game theory and behavioural psychology. In the former, as in Axelrod’s The Evolution of Cooperation, it refers to people (or players) who collaborate to successfully pursue their own self-interests, often in the absence of central authority. In behavioural psychology the focus is on group formations and their attendant strategies, biases and discriminations. Experimental psychologists have found “categorizing individuals into two social groups predisposes humans to discriminate… against the outgroup in both allocation of resources and evaluation of conduct” (Kurzban, Tooby and Cosmides 15387). The actions of social organisation (and not unseen individual, supposedly innate impulses) reflect the cultural norms in coalitional attachments – evidenced by the relationship between resources and conduct that unquestioningly grants and protects the rights and entitlements of the larger, heteronormatively aligned “ingroup”. Terror Management Particular attention has been paid to coalitional formations and discriminatory practices in America and the West since September 11, 2001. Terror Management Theory or TMT (Greenberg, Pyszczynski and Solomon) has been the main framework used to explain the post-9/11 reassertion of large group identities along ideological, religious, ethnic and violently nationalistic lines. Psychologists have used “death-related stimuli” to explain coalitional mentalities within the recent contexts of globalised terror. The fear of death that results in discriminatory excesses is referred to as “mortality salience”, with respect to the highly visible aspects of terror that expose people to the possibility of their own death or suffering. Naverette and Fessler find “participants… asked to contemplate their own deaths exhibit increases in positive evaluations of people whose attitudes and values are similar to their own, and derogation of those holding dissimilar views” (299). It was within the climate of post 9/11 “mortality salience” that then Prime Minister John Howard set out to change The Marriage Act 1961 and the Family Law Act 1975. In 2004, the Government modified the Marriage Act to eliminate flexibility with respect to the definition of marriage. Agitation for gay marriage was not as noticeable in Australia as it was in the U.S where Bush publicly rejected it, and the UK where the Civil Union Act 2004 had just been passed. Following Bush, Howard’s “queer moral panic” seemed the perfect decoy for the increased scrutiny of Australia’s involvement in the Iraq war. Howard’s changes included outlawing adoption for same-sex couples, and no recognition for legal same-sex marriages performed in other countries. The centrepiece was the wording of The Marriage Amendment Act 2004, with marriage now defined as a union “between a man and a woman to the exclusion of all others”. The legislation was referred to by the Australian Greens Senator Bob Brown as “hateful”, “the marriage discrimination act” and the “straight Australia policy” (Commonwealth 26556). The Labor Party, in opposition, allowed the changes to pass (in spite of vocal protests from one member) by concluding the legal status of same-sex relations was in no way affected, seemingly missing (in addition to the obvious symbolic and physical discrimination) the equation of same-sex recognition with terror, terrorism and death. Non-normative sexual citizenship was deployed as yet another form of “mortality salience”, made explicit in Howard’s description of the changes as necessary in protecting the sanctity of the “bedrock institution” of marriage and, wait for it, “providing for the survival of the species” (Knight, 5 Aug. 2003). So two things seem to be happening here: the first is that when confronted with the possibility of their own death (either through terrorism or gay marriage) people value those who are most like them, joining to devalue those who aren’t; the second is that the worldview (the larger religious, political, social perspectives to which people subscribe) becomes protection from the potential death that terror/queerness represents. Coalition of the (Un)willing Yet, if contemporary coalitions are formed through fear of death or species survival, how, for example, might these explain the various forms of risk-taking behaviours exhibited within Western democracies targeted by such terrors? Navarette and Fessler (309) argue that “affiliation defences are triggered by a wider variety of threats” than “existential anxiety” and that worldviews are “in turn are reliant on ‘normative conformity’” (308) or “normative bias” for social benefits and social inclusions, because “a normative orientation” demonstrates allegiance to the ingroup (308-9). Coalitions are founded in conformity to particular sets of norms, values, codes or belief systems. They are responses to adaptive challenges, particularly since September 11, not simply to death but more broadly to change. In troubled times, coalitions restore a shared sense of predictability. In Howard’s case, he seemed to say, “the War in Iraq is tricky but we have a bigger (same-sex) threat to deal with right now. So trust me on both fronts”. Coalitional change as reflective of adaptive responses thus serves the critical location of subsequent shifts in public support. Before and since September 11 Australians were beginning to distinguish between moderation and extremism, between Christian fundamentalism and productive forms of nationalism. Howard’s unwavering commitment to the American-led war in Iraq saw Australia become a member of another coalition: the Coalition of the Willing, a post 1990s term used to describe militaristic or humanitarian interventions in certain parts of the world by groups of countries. Howard (in Pauly and Lansford 70) committed Australia to America’s fight but also to “civilization's fight… of all who believe in progress and pluralism, tolerance and freedom”. Although Bush claimed an international balance of power and influence within the coalition (94), some countries refused to participate, many quickly withdrew, and many who signed did not even have troops. In Australia, the war was never particularly popular. In 2003, forty-two legal experts found the war contravened International Law as well as United Nations and Geneva conventions (Sydney Morning Herald 26 Feb. 2003). After the immeasurable loss of Iraqi life, and as the bodies of young American soldiers (and the occasional non-American) began to pile up, the official term “coalition of the willing” was quietly abandoned by the White House in January of 2005, replaced by a “smaller roster of 28 countries with troops in Iraq” (ABC News Online 22 Jan. 2005). The coalition and its larger war on terror placed John Howard within the context of coalitional confusion, that when combined with the domestic effects of economic and social policy, proved politically fatal. The problem was the unclear constitution of available coalitional configurations. Howard’s continued support of Bush and the war in Iraq compounded with rising interest rates, industrial relations reform and a seriously uncool approach to the environment and social inclusion, to shift perceptions of him from father of the nation to dangerous, dithery and disconnected old man. Post-Coalitional Change In contrast, before being elected Kevin Rudd sought to reframe Australian coalitional relationships. In 2006, he positions the Australian-United States alliance outside of the notion of military action and Western territorial integrity. In Rudd-speak the Howard-Bush-Blair “coalition of the willing” becomes F. Scott Fitzgerald’s “willingness of the heart”. The term coalition was replaced by terms such as dialogue and affiliation (Rudd, “Friends”). Since the 2007 election, Rudd moved quickly to distance himself from the agenda of the coalition government that preceded him, proposing changes in the spirit of “blindness” toward marginality and sexuality. “Fix-it-all” Rudd as he was christened (Sydney Morning Herald 29 Sep. 2008) and his Labor government began to confront the legacies of colonial history, industrial relations, refugee detention and climate change – by apologising to Aboriginal people, timetabling the withdrawal from Iraq, abolishing the employee bargaining system Workchoices, giving instant visas and lessening detention time for refugees, and signing the Kyoto Protocol agreeing (at least in principle) to reduce green house gas emissions. As stated earlier, post-coalitional Australia is not simply talking about sudden change but an extension and a confusion of what has gone on before (so that the term resembles postcolonial, poststructural and postmodern because it carries the practices and effects of the original term within it). The post-coalitional is still coalitional to the extent that we must ask: what remains the same in the midst of such visible changes? An American focus in international affairs, a Christian platform for social policy, an absence of financial compensation for the Aboriginal Australians who received such an eloquent apology, the lack of coherent and productive outcomes in the areas of asylum and climate change, and an impenetrable resistance to the idea of same-sex marriage are just some of the ways in which these new governments continue on from the previous one. The Rudd-Gillard government’s dealings with gay law reform and gay marriage exemplify the post-coalitional condition. Emulating Christ’s relationship to “the marginalised and the oppressed”, and with Gillard at his side, Rudd understandings of the Christian Gospel as a “social gospel” (Rudd, “Faith”; see also Randell-Moon) to table changes to laws discriminating against gay couples – guaranteeing hospital visits, social security benefits and access to superannuation, resembling de-facto hetero relationships but modelled on the administering and registration of relationships, or on tax laws that speak primarily to relations of financial dependence – with particular reference to children. The changes are based on the report, Same Sex, Same Entitlements (HREOC) that argues for the social competence of queer folk, with respect to money, property and reproduction. They speak the language of an equitable economics; one that still leaves healthy and childless couples with limited recognition and advantage but increased financial obligation. Unable to marry in Australia, same-sex couples are no longer single for taxation purposes, but are now simultaneously subject to forms of tax/income auditing and governmental revenue collection should either same-sex partner require assistance from social security as if they were married. Heteronormative Coalition Queer citizens can quietly stake their economic claims and in most states discreetly sign their names on a register before becoming invisible again. Mardi Gras happens but once a year after all. On the topic of gay marriage Rudd and Gillard have deferred to past policy and to the immoveable nature of the law (and to Howard’s particular changes to marriage law). That same respect is not extended to laws passed by Howard on industrial relations or border control. In spite of finding no gospel references to Jesus the Nazarene “expressly preaching against hom*osexuality” (Rudd, “Faith”), and pre-election promises that territories could govern themselves with respect to same sex partnerships, the Rudd-Gillard government in 2008 pressured the ACT to reduce its proposed partnership legislation to that of a relationship register like the ones in Tasmania and Victoria, and explicitly demanded that there be absolutely no ceremony – no mimicking of the real deal, of the larger, heterosexual citizens’ “ingroup”. Likewise, with respect to the reintroduction of same-sex marriage legislation by Greens senator Sarah Hanson Young in September 2010, Gillard has so far refused a conscience vote on the issue and restated the “marriage is between a man and a woman” rhetoric of her predecessors (Topsfield, 30 Sep. 2010). At the same time, she has agreed to conscience votes on euthanasia and openly declared bi-partisan (with the federal opposition) support for the war in Afghanistan. We see now, from Howard to Rudd and now Gillard, that there are some coalitions that override political differences. As psychologists have noted, “if the social benefits of norm adherence are the ultimate cause of the individual’s subscription to worldviews, then the focus and salience of a given individual’s ideology can be expected to vary as a function of their need to ally themselves with relevant others” (Navarette and Fessler 307). Where Howard invoked the “Judaeo-Christian tradition”, Rudd chose to cite a “Christian ethical framework” (Rudd, “Faith”), that saw him and Gillard end up in exactly the same place: same sex relationships should be reduced to that of medical care or financial dependence; that a public ceremony marking relationship recognition somehow equates to “mimicking” the already performative and symbolic heterosexual institution of marriage and the associated romantic and familial arrangements. Conclusion Post-coalitional Australia refers to the state of confusion borne of a new politics of equality and change. The shift in Australia from conservative to mildly socialist government(s) is not as sudden as Howard’s 2007 federal loss or as short-lived as Gillard’s hung parliament might respectively suggest. Whilst allegiance shifts, political parties find support is reliant on persistence as much as it is on change – they decide how to buffer and bolster the same coalitions (ones that continue to privilege white settlement, Christian belief systems, heteronormative familial and symbolic practices), but also how to practice policy and social responsibility in a different way. Rudd’s and Gillard’s arguments against the mimicry of heterosexual symbolism and the ceremonial validation of same-sex partnerships imply there is one originary form of conduct and an associated sacred set of symbols reserved for that larger ingroup. Like Howard before them, these post-coalitional leaders fail to recognise, as Butler eloquently argues, “gay is to straight not as copy is to original, but as copy is to copy” (31). To make claims to status and entitlements that invoke the messiness of non-normative sex acts and romantic attachments necessarily requires the negotiation of heteronormative coalitional bias (and in some ways a reinforcement of this social power). As Bell and Binnie have rightly observed, “that’s what the hard choices facing the sexual citizen are: the push towards rights claims that make dissident sexualities fit into heterosexual culture, by demanding equality and recognition, versus the demand to reject settling for heteronormativity” (141). The new Australian political “blindness” toward discrimination produces positive outcomes whilst it explicitly reanimates the histories of oppression it seeks to redress. The New South Wales parliament recently voted to allow same-sex adoption with the proviso that concerned parties could choose not to adopt to gay couples. The Tasmanian government voted to recognise same-sex marriages and unions from outside Australia, in the absence of same-sex marriage beyond the current registration arrangements in its own state. In post-coalitional Australia the issue of same-sex partnership recognition pits parties and allegiances against each other and against themselves from within (inside Gillard’s “rainbow coalition” the Rainbow ALP group now unites gay people within the government’s own party). Gillard has hinted any new proposed legislation regarding same-sex marriage may not even come before parliament for debate, as it deals with real business. Perhaps the answer lies over the rainbow (coalition). As the saying goes, “there are none so blind as those that will not see”. References ABC News Online. “Whitehouse Scraps Coalition of the Willing List.” 22 Jan. 2005. 1 July 2007 ‹http://www.abc.net.au/news/newsitems/200501/s1286872.htm›. Axelrod, Robert. The Evolution of Cooperation. New York: Basic Books, 1984. Berlant, Lauren. The Queen of America Goes to Washington City: Essays on Sex and Citizenship. Durham: Duke University Press, 1997. Bell, David, and John Binnie. The Sexual Citizen: Queer Politics and Beyond. Cambridge, England: Polity, 2000. Butler, Judith. Gender Trouble: Feminism and the Subversion of Identity. New York: Routledge, 1990. Commonwealth of Australia. Parliamentary Debates. House of Representatives 12 Aug. 2004: 26556. (Bob Brown, Senator, Tasmania.) Evans, David T. Sexual Citizenship: The Material Construction of Sexualities. London: Routledge, 1993. Foucault, Michel. Discipline and Punish: The Birth of the Prison. Trans. A. Sheridan. London: Penguin, 1991. ———. The Will to Knowledge: The History of Sexuality. Vol. 1. Trans. Robert Hurley. London: Penguin, 1998. Greenberg, Jeff, Tom Pyszczynski, and Sheldon Solomon. “The Causes and Consequences of the Need for Self-Esteem: A Terror Management Theory.” Public Self, Private Self. Ed. Roy F. Baumeister. New York: Springer-Verlag, 1986. 189-212. Human Rights and Equal Opportunity Commission. Same-Sex: Same Entitlements Report. 2007. 21 Aug. 2007 ‹http://www.hreoc.gov.au/human_rights/samesex/report/index.html›. Kaplan, Morris. Sexual Justice: Democratic Citizenship and the Politics of Desire. New York: Routledge, 1997. Knight, Ben. “Howard and Costello Reject Gay Marriage.” ABC Online 5 Aug. 2003. Kurzban, Robert, John Tooby, and Leda Cosmides. "Can Race Be Erased? Coalitional Computation and Social Categorization." Proceedings of the National Academy of Sciences 98.26 (2001): 15387–15392. Lambert, Anthony, and Catherine Simpson. "Jindabyne’s Haunted Alpine Country: Producing (an) Australian Badland." M/C Journal 11.5 (2008). 20 Oct. 2010 ‹http://journal.media-culture.org.au/index.php/mcjournal/article/view/81›. Lax, David A., and James K. Lebinius. “Thinking Coalitionally: Party Arithmetic Process Opportunism, and Strategic Sequencing.” Negotiation Analysis. Ed. H. Peyton Young. Michigan: University of Michigan Press, 1991. 153-194. Naverette, Carlos, and Daniel Fessler. “Normative Bias and Adaptive Challenges: A Relational Approach to Coalitional Psychology and a Critique of Terror Management Theory.” Evolutionary Psychology 3 (2005): 297-325. Pauly, Robert J., and Tom Lansford. Strategic Preemption: US Foreign Policy and Second Iraq War. Aldershot: Ashgate, 2005. Randall-Moon, Holly. "Neoliberal Governmentality with a Christian Twist: Religion and Social Security under the Howard-Led Australian Government." Eds. Michael Bailey and Guy Redden. Mediating Faiths: Religion and Socio- Cultural Change in the Twenty-First Century. Farnham: Ashgate, in press. Richardson, Diane. Rethinking Sexuality. London: Sage, 2000. Rudd, Kevin. “Faith in Politics.” The Monthly 17 (2006). 31 July 2007 ‹http://www.themonthly.com.au/monthly-essays-kevin-rudd-faith-politics--300›. Rudd, Kevin. “Friends of Australia, Friends of America, and Friends of the Alliance That Unites Us All.” Address to the 15th Australian-American Leadership Dialogue. The Australian, 24 Aug. 2007. 13 Mar. 2008 ‹http://www.theaustralian.com.au/national-affairs/climate/kevin-rudds-address/story-e6frg6xf-1111114253042›. Rudd, Kevin. “Address to International Women’s Day Morning Tea.” Old Parliament House, Canberra, 11 Mar. 2008. 1 Oct. 2010 ‹http://pmrudd.archive.dpmc.gov.au/node/5900›. Sydney Morning Herald. “Coalition of the Willing? Make That War Criminals.” 26 Feb. 2003. 1 July 2007 ‹http://www.smh.com.au/articles/2003/02/25/1046064028608.html›. Topsfield, Jewel. “Gillard Rules Out Conscience Vote on Gay Marriage.” The Age 30 Sep. 2010. 1 Oct. 2010 ‹http://www.theage.com.au/national/gillard-rules-out-conscience-vote-on-gay-marriage-20100929-15xgj.html›. Weeks, Jeffrey. "The Sexual Citizen." Theory, Culture and Society 15.3-4 (1998): 35-52. Wright, Tony. “Suite Revenge on Chesterfield.” The Age 5 Dec. 2007. 4 April 2008 ‹http://www.theage.com.au/news/national/suite-revenge-on-chesterfield/2007/12/04/1196530678384.html›.

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IntroductionThe Internet (especially in the so-called Web 2.0 phase), digital media and file-sharing networks have thrust copyright law under public scrutiny, provoking discourses questioning what is fair in the digital age. Accessible hardware and software has led to prosumerism – creativity blending media consumption with media production to create new works that are freely disseminated online via popular video-sharing Web sites such as YouTube or genre specific music sites like GYBO (“Get Your Bootleg On”) amongst many others. The term “prosumer” is older than the Web, and the conceptual convergence of producer and consumer roles is certainly not new, for “at electric speeds the consumer becomes producer as the public becomes participant role player” (McLuhan 4). Similarly, Toffler’s “Third Wave” challenges “old power relationships” and promises to “heal the historic breach between producer and consumer, giving rise to the ‘prosumer’ economics” (27). Prosumption blurs the traditionally separate consumer and producer creating a new creative era of mass customisation of artefacts culled from the (copyrighted) media landscape (Tapscott 62-3). Simultaneously, corporate interests dependent upon the protections provided by copyright law lobby for augmented rights and actively defend their intellectual property through law suits, takedown notices and technological reinforcement. Despite a lack demonstrable economic harm in many cases, the propertarian approach is winning and frequently leading to absurd results (Collins).The balance between private and public interests in creative works is facilitated by the doctrine of fair use (as codified in the United States Copyright Act 1976, section 107). The majority of copyright laws contain “fair” exceptions to claims of infringement, but fair use is characterised by a flexible, open-ended approach that allows the law to flex with the times. Until recently the defence was unique to the U.S., but on 2 January Israel amended its copyright laws to include a fair use defence. (For an overview of the new Israeli fair use exception, see Efroni.) Despite its flexibility, fair use has been systematically eroded by ever encroaching copyrights. This paper argues that copyright enforcement has spun out of control and the raison d’être of the law has shifted from being “an engine of free expression” (Harper & Row, Publishers, Inc. v. Nation Enterprises 471 U.S. 539, 558 (1985)) towards a “legal regime for intellectual property that increasingly looks like the law of real property, or more properly an idealized construct of that law, one in which courts seeks out and punish virtually any use of an intellectual property right by another” (Lemley 1032). Although the copyright landscape appears bleak, two recent cases suggest that fair use has not fallen by the wayside and may well recover. This paper situates fair use as an essential legal and cultural mechanism for optimising creative expression.A Brief History of CopyrightThe law of copyright extends back to eighteenth century England when the Statute of Anne (1710) was enacted. Whilst the length of this paper precludes an in depth analysis of the law and its export to the U.S., it is important to stress the goals of copyright. “Copyright in the American tradition was not meant to be a “property right” as the public generally understands property. It was originally a narrow federal policy that granted a limited trade monopoly in exchange for universal use and access” (Vaidhyanathan 11). Copyright was designed as a right limited in scope and duration to ensure that culturally important creative works were not the victims of monopolies and were free (as later mandated in the U.S. Constitution) “to promote the progress.” During the 18th century English copyright discourse Lord Camden warned against propertarian approaches lest “all our learning will be locked up in the hands of the Tonsons and the Lintons of the age, who will set what price upon it their avarice chooses to demand, till the public become as much their slaves, as their own hackney compilers are” (Donaldson v. Becket 17 Cobbett Parliamentary History, col. 1000). Camden’s sentiments found favour in subsequent years with members of the North American judiciary reiterating that copyright was a limited right in the interests of society—the law’s primary beneficiary (see for example, Wheaton v. Peters 33 US 591 [1834]; Fox Film Corporation v. Doyal 286 US 123 [1932]; US v. Paramount Pictures 334 US 131 [1948]; Mazer v. Stein 347 US 201, 219 [1954]; Twentieth Century Music Corp. v. Aitken 422 U.S. 151 [1975]; Aronson v. Quick Point Pencil Co. 440 US 257 [1979]; Dowling v. United States 473 US 207 [1985]; Harper & Row, Publishers, Inc. v. Nation Enterprises 471 U.S. 539 [1985]; Luther R. Campbell a.k.a. Luke Skyywalker, et al. v. Acuff-Rose Music, Inc. 510 U.S 569 [1994]). Putting the “Fair” in Fair UseIn Folsom v. Marsh 9 F. Cas. 342 (C.C.D. Mass. 1841) (No. 4,901) Justice Storey formulated the modern shape of fair use from a wealth of case law extending back to 1740 and across the Atlantic. Over the course of one hundred years the English judiciary developed a relatively cohesive set of principles governing the use of a first author’s work by a subsequent author without consent. Storey’s synthesis of these principles proved so comprehensive that later English courts would look to his decision for guidance (Scott v. Stanford L.R. 3 Eq. 718, 722 (1867)). Patry explains fair use as integral to the social utility of copyright to “encourage. . . learned men to compose and write useful books” by allowing a second author to use, under certain circ*mstances, a portion of a prior author’s work, where the second author would himself produce a work promoting the goals of copyright (Patry 4-5).Fair use is a safety valve on copyright law to prevent oppressive monopolies, but some scholars suggest that fair use is less a defence and more a right that subordinates copyrights. Lange and Lange Anderson argue that the doctrine is not fundamentally about copyright or a system of property, but is rather concerned with the recognition of the public domain and its preservation from the ever encroaching advances of copyright (2001). Fair use should not be understood as subordinate to the exclusive rights of copyright owners. Rather, as Lange and Lange Anderson claim, the doctrine should stand in the superior position: the complete spectrum of ownership through copyright can only be determined pursuant to a consideration of what is required by fair use (Lange and Lange Anderson 19). The language of section 107 suggests that fair use is not subordinate to the bundle of rights enjoyed by copyright ownership: “Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work . . . is not an infringement of copyright” (Copyright Act 1976, s.107). Fair use is not merely about the marketplace for copyright works; it is concerned with what Weinreb refers to as “a community’s established practices and understandings” (1151-2). This argument boldly suggests that judicial application of fair use has consistently erred through subordinating the doctrine to copyright and considering simply the effect of the appropriation on the market place for the original work.The emphasis on economic factors has led courts to sympathise with copyright owners leading to a propertarian or Blackstonian approach to copyright (Collins; Travis) propagating the myth that any use of copyrighted materials must be licensed. Law and media reports alike are potted with examples. For example, in Bridgeport Music, Inc., et al v. Dimension Films et al 383 F. 3d 400 (6th Cir. 2004) a Sixth Circuit Court of Appeals held that the transformative use of a three-note guitar sample infringed copyrights and that musicians must obtain licence from copyright owners for every appropriated audio fragment regardless of duration or recognisability. Similarly, in 2006 Christopher Knight self-produced a one-minute television advertisem*nt to support his campaign to be elected to the board of education for Rockingham County, North Carolina. As a fan of Star Wars, Knight used a makeshift Death Star and lightsaber in his clip, capitalising on the imagery of the Jedi Knight opposing the oppressive regime of the Empire to protect the people. According to an interview in The Register the advertisem*nt was well received by local audiences prompting Knight to upload it to his YouTube channel. Several months later, Knight’s clip appeared on Web Junk 2.0, a cable show broadcast by VH1, a channel owned by media conglomerate Viacom. Although his permission was not sought, Knight was pleased with the exposure, after all “how often does a local school board ad wind up on VH1?” (Metz). Uploading the segment of Web Junk 2.0 featuring the advertisem*nt to YouTube, however, led Viacom to quickly issue a take-down notice citing copyright infringement. Knight expressed his confusion at the apparent unfairness of the situation: “Viacom says that I can’t use my clip showing my commercial, claiming copy infringement? As we say in the South, that’s ass-backwards” (Metz).The current state of copyright law is, as Patry says, “depressing”:We are well past the healthy dose stage and into the serious illness stage ... things are getting worse, not better. Copyright law has abandoned its reason for being: to encourage learning and the creation of new works. Instead, its principal functions now are to preserve existing failed business models, to suppress new business models and technologies, and to obtain, if possible, enormous windfall profits from activity that not only causes no harm, but which is beneficial to copyright owners. Like Humpty-Dumpty, the copyright law we used to know can never be put back together.The erosion of fair use by encroaching private interests represented by copyrights has led to strong critiques leveled at the judiciary and legislators by Lessig, McLeod and Vaidhyanathan. “Free culture” proponents warn that an overly strict copyright regime unbalanced by an equally prevalent fair use doctrine is dangerous to creativity, innovation, culture and democracy. After all, “few, if any, things ... are strictly original throughout. Every book in literature, science and art, borrows, and must necessarily borrow, and use much which was well known and used before. No man creates a new language for himself, at least if he be a wise man, in writing a book. He contents himself with the use of language already known and used and understood by others” (Emerson v. Davis, 8 F. Cas. 615, 619 (No. 4,436) (CCD Mass. 1845), qted in Campbell v. Acuff-Rose, 62 U.S.L.W. at 4171 (1994)). The rise of the Web 2.0 phase with its emphasis on end-user created content has led to an unrelenting wave of creativity, and much of it incorporates or “mashes up” copyright material. As Negativland observes, free appropriation is “inevitable when a population bombarded with electronic media meets the hardware [and software] that encourages them to capture it” and creatively express themselves through appropriated media forms (251). The current state of copyright and fair use is bleak, but not beyond recovery. Two recent cases suggest a resurgence of the ideology underpinning the doctrine of fair use and the role played by copyright.Let’s Go CrazyIn “Let’s Go Crazy #1” on YouTube, Holden Lenz (then eighteen months old) is caught bopping to a barely recognizable recording of Prince’s “Let’s Go Crazy” in his mother’s Pennsylvanian kitchen. The twenty-nine second long video was viewed a mere twenty-eight times by family and friends before Stephanie Lenz received an email from YouTube informing her of its compliance with a Digital Millennium Copyright Act (DMCA) take-down notice issued by Universal, copyright owners of Prince’s recording (McDonald). Lenz has since filed a counterclaim against Universal and YouTube has reinstated the video. Ironically, the media exposure surrounding Lenz’s situation has led to the video being viewed 633,560 times at the time of writing. Comments associated with the video indicate a less than reverential opinion of Prince and Universal and support the fairness of using the song. On 8 Aug. 2008 a Californian District Court denied Universal’s motion to dismiss Lenz’s counterclaim. The question at the centre of the court judgment was whether copyright owners should consider “the fair use doctrine in formulating a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.” The court ultimately found in favour of Lenz and also reaffirmed the position of fair use in relation to copyright. Universal rested its argument on two key points. First, that copyright owners cannot be expected to consider fair use prior to issuing takedown notices because fair use is a defence, invoked after the act rather than a use authorized by the copyright owner or the law. Second, because the DMCA does not mention fair use, then there should be no requirement to consider it, or at the very least, it should not be considered until it is raised in legal defence.In rejecting both arguments the court accepted Lenz’s argument that fair use is an authorised use of copyrighted materials because the doctrine of fair use is embedded into the Copyright Act 1976. The court substantiated the point by emphasising the language of section 107. Although fair use is absent from the DMCA, the court reiterated that it is part of the Copyright Act and that “notwithstanding the provisions of sections 106 and 106A” a fair use “is not an infringement of copyright” (s.107, Copyright Act 1976). Overzealous rights holders frequently abuse the DMCA as a means to quash all use of copyrighted materials without considering fair use. This decision reaffirms that fair use “should not be considered a bizarre, occasionally tolerated departure from the grand conception of the copyright design” but something that it is integral to the constitution of copyright law and essential in ensuring that copyright’s goals can be fulfilled (Leval 1100). Unlicensed musical sampling has never fared well in the courtroom. Three decades of rejection and admonishment by judges culminated in Bridgeport Music, Inc., et al v. Dimension Films et al 383 F. 3d 400 (6th Cir. 2004): “Get a license or do not sample. We do not see this stifling creativity in any significant way” was the ruling on an action brought against an unlicensed use of a three-note guitar sample under section 114, an audio piracy provision. The Bridgeport decision sounded a death knell for unlicensed sampling, ensuring that only artists with sufficient capital to pay the piper could legitimately be creative with the wealth of recorded music available. The cost of licensing samples can often outweigh the creative merit of the act itself as discussed by McLeod (86) and Beaujon (25). In August 2008 the Supreme Court of New York heard EMI v. Premise Media in which EMI sought an injunction against an unlicensed fifteen second excerpt of John Lennon’s “Imagine” featured in Expelled: No Intelligence Allowed, a controversial documentary canvassing alleged chilling of intelligent design proponents in academic circles. (The family of John Lennon and EMI had previously failed to persuade a Manhattan federal court in a similar action.) The court upheld Premise Media’s arguments for fair use and rejected the Bridgeport approach on which EMI had rested its entire complaint. Justice Lowe criticised the Bridgeport court for its failure to examine the legislative intent of section 114 suggesting that courts should look to the black letter of the law rather than blindly accept propertarian arguments. This decision is of particular importance because it establishes that fair use applies to unlicensed use of sound recordings and re-establishes de minimis use.ConclusionThis paper was partly inspired by the final entry on eminent copyright scholar William Patry’s personal copyright law blog (1 Aug. 2008). A copyright lawyer for over 25 years, Patry articulated his belief that copyright law has swung too far away from its initial objectives and that balance could never be restored. The two cases presented in this paper demonstrate that fair use – and therefore balance – can be recovered in copyright. The federal Supreme Court and lower courts have stressed that copyright was intended to promote creativity and have upheld the fair doctrine, but in order for the balance to exist in copyright law, cases must come before the courts; copyright myth must be challenged. As McLeod states, “the real-world problems occur when institutions that actually have the resources to defend themselves against unwarranted or frivolous lawsuits choose to take the safe route, thus eroding fair use”(146-7). ReferencesBeaujon, Andrew. “It’s Not the Beat, It’s the Mocean.” CMJ New Music Monthly. April 1999.Collins, Steve. “Good Copy, Bad Copy: Covers, Sampling and Copyright.” M/C Journal 8.3 (2005). 26 Aug. 2008 ‹http://journal.media-culture.org.au/0507/02-collins.php›.———. “‘Property Talk’ and the Revival of Blackstonian Copyright.” M/C Journal 9.4 (2006). 26 Aug. 2008 ‹http://journal.media-culture.org.au/0609/5-collins.php›.Donaldson v. Becket 17 Cobbett Parliamentary History, col. 953.Efroni, Zohar. “Israel’s Fair Use.” The Center for Internet and Society (2008). 26 Aug. 2008 ‹http://cyberlaw.stanford.edu/node/5670›.Lange, David, and Jennifer Lange Anderson. “Copyright, Fair Use and Transformative Critical Appropriation.” Conference on the Public Domain, Duke Law School. 2001. 26 Aug. 2008 ‹http://www.law.duke.edu/pd/papers/langeand.pdf›.Lemley, Mark. “Property, Intellectual Property, and Free Riding.” Texas Law Review 83 (2005): 1031.Lessig, Lawrence. The Future of Ideas. New York: Random House, 2001.———. Free Culture. New York: Penguin, 2004.Leval, Pierre. “Toward a Fair Use Standard.” Harvard Law Review 103 (1990): 1105.McDonald, Heather. “Holden Lenz, 18 Months, versus Prince and Universal Music Group.” About.com: Music Careers 2007. 26 Aug. 2008 ‹http://musicians.about.com/b/2007/10/27/holden-lenz-18-months-versus-prince-and-universal-music-group.htm›.McLeod, Kembrew. “How Copyright Law Changed Hip Hop: An interview with Public Enemy’s Chuck D and Hank Shocklee.” Stay Free 2002. 26 Aug. 2008 ‹http://www.stayfreemagazine.org/archives/20/public_enemy.html›.———. Freedom of Expression: Overzealous Copyright Bozos and Other Enemies of Creativity. United States: Doubleday, 2005.McLuhan, Marshall, and Barrington Nevitt. Take Today: The Executive as Dropout. Ontario: Longman Canada, 1972.Metz, Cade. “Viacom Slaps YouTuber for Behaving like Viacom.” The Register 2007. 26 Aug. 2008 ‹http://www.theregister.co.uk/2007/08/30/viacom_slaps_pol/›.Negativland, ed. Fair Use: The Story of the Letter U and the Numeral 2. Concord: Seeland, 1995.Patry, William. The Fair Use Privilege in Copyright Law. Washington DC: Bureau of National Affairs, 1985.———. “End of the Blog.” The Patry Copyright Blog. 1 Aug. 2008. 27 Aug. 2008 ‹http://williampatry.blogspot.com/2008/08/end-of-blog.html›.Tapscott, Don. The Digital Economy: Promise and Peril in the Age of Networked Intelligence. New York: McGraw Hill, 1996.Toffler, Alvin. The Third Wave. London, Glasgow, Sydney, Auckland. Toronto, Johannesburg: William Collins, 1980.Travis, Hannibal. “Pirates of the Information Infrastructure: Blackstonian Copyright and the First Amendment.” Berkeley Technology Law Journal, Vol. 15 (2000), No. 777.Vaidhyanathan, Siva. Copyrights and Copywrongs: The Rise of Intellectual Property and How It Threatens Creativity. New York; London: New York UP, 2003.

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IntroductionDespite claims that the importance of distance has been reduced due to technological and communications improvements (Cairncross; Friedman; O’Brien), the ‘power of place’ still resonates, often intensifying the role of geography (Christopherson et al.; Morgan; Pratt; Scott and Storper). Within the film industry, there has been a decentralisation of production from Hollywood, but there remains a spatial logic which has preferenced particular centres, such as Toronto, Vancouver, Sydney and Prague often led by a combination of incentives (Christopherson and Storper; Goldsmith and O’Regan; Goldsmith et al.; Miller et al.; Mould). The emergence of high end television, television programming for which the production budget is more than £1 million per television hour, has presented new opportunities for screen hubs sharing a very similar value chain to the film industry (OlsbergSPI with Nordicity).In recent years, interventions have proliferated with the aim of capitalising on the decentralisation of certain activities in order to attract international screen industries production and embed it within local hubs. Tools for building capacity and expertise have proliferated, including support for studio complex facilities, infrastructural investments, tax breaks and other economic incentives (Cucco; Goldsmith and O’Regan; Jensen; Goldsmith et al.; McDonald; Miller et al.; Mould). Yet experience tells us that these will not succeed everywhere. There is a need for a better understanding of both the capacity for places to build a distinctive and competitive advantage within a highly globalised landscape and the relative merits of alternative interventions designed to generate a sustainable production base.This article first sets out the rationale for the appetite identified in the screen industries for co-location, or clustering and concentration in a tightly drawn physical area, in global hubs of production. It goes on to explore the latest trends of decentralisation and examines the upturn in interventions aimed at attracting mobile screen industries capital and labour. Finally it introduces the Scottish screen industries and explores some of the ways in which Scotland has sought to position itself as a recipient of screen industries activity. The paper identifies some key gaps in infrastructure, most notably a studio, and calls for closer examination of the essential ingredients of, and possible interventions needed for, a vibrant and sustainable industry.A Compulsion for ProximityIt has been argued that particular spatial and place-based factors are central to the development and organisation of the screen industries. The film and television sector, the particular focus of this article, exhibit an extraordinarily high degree of spatial agglomeration, especially favouring centres with global status. It is worth noting that the computer games sector, not explored in this article, slightly diverges from this trend displaying more spatial patterns of decentralisation (Vallance), although key physical hubs of activity have been identified (Champion). Creative products often possess a cachet that is directly associated with their point of origin, for example fashion from Paris, films from Hollywood and country music from Nashville – although it can also be acknowledged that these are often strategic commercial constructions (Pecknold). The place of production represents a unique component of the final product as well as an authentication of substantive and symbolic quality (Scott, “Creative cities”). Place can act as part of a brand or image for creative industries, often reinforcing the advantage of being based in particular centres of production.Very localised historical, cultural, social and physical factors may also influence the success of creative production in particular places. Place-based factors relating to the built environment, including cheap space, public-sector support framework, connectivity, local identity, institutional environment and availability of amenities, are seen as possible influences in the locational choices of creative industry firms (see, for example, Drake; Helbrecht; Hutton; Leadbeater and Oakley; Markusen).Employment trends are notoriously difficult to measure in the screen industries (Christopherson, “Hollywood in decline?”), but the sector does contain large numbers of very small firms and freelancers. This allows them to be flexible but poses certain problems that can be somewhat offset by co-location. The findings of Antcliff et al.’s study of workers in the audiovisual industry in the UK suggested that individuals sought to reconstruct stable employment relations through their involvement in and use of networks. The trust and reciprocity engendered by stable networks, built up over time, were used to offset the risk associated with the erosion of stable employment. These findings are echoed by a study of TV content production in two media regions in Germany by Sydow and Staber who found that, although firms come together to work on particular projects, typically their business relations extend for a much longer period than this. Commonly, firms and individuals who have worked together previously will reassemble for further project work aided by their past experiences and expectations.Co-location allows the development of shared structures: language, technical attitudes, interpretative schemes and ‘communities of practice’ (Bathelt, et al.). Grabher describes this process as ‘hanging out’. Deep local pools of creative and skilled labour are advantageous both to firms and employees (Reimer et al.) by allowing flexibility, developing networks and offsetting risk (Banks et al.; Scott, “Global City Regions”). For example in Cook and Pandit’s study comparing the broadcasting industry in three city-regions, London was found to be hugely advantaged by its unrivalled talent pool, high financial rewards and prestigious projects. As Barnes and Hutton assert in relation to the wider creative industries, “if place matters, it matters most to them” (1251). This is certainly true for the screen industries and their spatial logic points towards a compulsion for proximity in large global hubs.Decentralisation and ‘Sticky’ PlacesDespite the attraction of global production hubs, there has been a decentralisation of screen industries from key centres, starting with the film industry and the vertical disintegration of Hollywood studios (Christopherson and Storper). There are instances of ‘runaway production’ from the 1920s onwards with around 40 per cent of all features being accounted for by offshore production in 1960 (Miller et al., 133). This trend has been increasing significantly in the last 20 years, leading to the genesis of new hubs of screen activity such as Toronto, Vancouver, Sydney and Prague (Christopherson, “Project work in context”; Goldsmith et al.; Mould; Miller et al.; Szczepanik). This development has been prompted by a multiplicity of reasons including favourable currency value differentials and economic incentives. Subsidies and tax breaks have been offered to secure international productions with most countries demanding that, in order to qualify for tax relief, productions have to spend a certain amount of their budget within the local economy, employ local crew and use domestic creative talent (Hill). Extensive infrastructure has been developed including studio complexes to attempt to lure productions with the advantage of a full service offering (Goldsmith and O’Regan).Internationally, Canada has been the greatest beneficiary of ‘runaway production’ with a state-led enactment of generous film incentives since the late 1990s (McDonald). Vancouver and Toronto are the busiest locations for North American Screen production after Los Angeles and New York, due to exchange rates and tax rebates on labour costs (Miller et al., 141). 80% of Vancouver’s production is attributable to runaway production (Jensen, 27) and the city is considered by some to have crossed a threshold as:It now possesses sufficient depth and breadth of talent to undertake the full array of pre-production, production and post-production services for the delivery of major motion pictures and TV programmes. (Barnes and Coe, 19)Similarly, Toronto is considered to have established a “comprehensive set of horizontal and vertical media capabilities” to ensure its status as a “full function media centre” (Davis, 98). These cities have successfully engaged in entrepreneurial activity to attract production (Christopherson, “Project Work in Context”) and in Vancouver the proactive role of provincial government and labour unions are, in part, credited with its success (Barnes and Coe). Studio-complex infrastructure has also been used to lure global productions, with Toronto, Melbourne and Sydney all being seen as key examples of where such developments have been used as a strategic priority to take local production capacity to the next level (Goldsmith and O’Regan).Studies which provide a historiography of the development of screen-industry hubs emphasise a complex interplay of social, cultural and physical conditions. In the complex and global flows of the screen industries, ‘sticky’ hubs have emerged with the ability to attract and retain capital and skilled labour. Despite being principally organised to attract international production, most studio complexes, especially those outside of global centres need to have a strong relationship to local or national film and television production to ensure the sustainability and depth of the labour pool (Goldsmith and O’Regan, 2003). Many have a broadcaster on site as well as a range of companies with a media orientation and training facilities (Goldsmith and O’Regan, 2003; Picard, 2008). The emergence of film studio complexes in the Australian Gold Coast and Vancouver was accompanied by an increasing role for television production and this multi-purpose nature was important for the continuity of production.Fostering a strong community of below the line workers, such as set designers, locations managers, make-up artists and props manufacturers, can also be a clear advantage in attracting international productions. For example at Cinecitta in Italy, the expertise of set designers and experienced crews in the Barrandov Studios of Prague are regarded as major selling points of the studio complexes there (Goldsmith and O’Regan; Miller et al.; Szczepanik). Natural and built environments are also considered very important for film and television firms and it is a useful advantage for capturing international production when cities can double for other locations as in the cases of Toronto, Vancouver, Prague for example (Evans; Goldsmith and O’Regan; Szczepanik). Toronto, for instance, has doubled for New York in over 100 films and with regard to television Due South’s (1994-1998) use of Toronto as Chicago was estimated to have saved 40 per cent in costs (Miller et al., 141).The Scottish Screen Industries Within mobile flows of capital and labour, Scotland has sought to position itself as a recipient of screen industries activity through multiple interventions, including investment in institutional frameworks, direct and indirect economic subsidies and the development of physical infrastructure. Traditionally creative industry activity in the UK has been concentrated in London and the South East which together account for 43% of the creative economy workforce (Bakhshi et al.). In order, in part to redress this imbalance and more generally to encourage the attraction and retention of international production a range of policies have been introduced focused on the screen industries. A revised Film Tax Relief was introduced in 2007 to encourage inward investment and prevent offshoring of indigenous production, and this has since been extended to high-end television, animation and children’s programming. Broadcasting has also experienced a push for decentralisation led by public funding with a responsibility to be regionally representative. The BBC (“BBC Annual Report and Accounts 2014/15”) is currently exceeding its target of 50% network spend outside London by 2016, with 17% spent in Scotland, Wales and Northern Ireland. Channel 4 has similarly committed to commission at least 9% of its original spend from the nations by 2020. Studios have been also developed across the UK including at Roath Lock (Cardiff), Titanic Studios (Belfast), MedicaCity (Salford) and The Sharp Project (Manchester).The creative industries have been identified as one of seven growth sectors for Scotland by the government (Scottish Government). In 2010, the film and video sector employed 3,500 people and contributed £120 million GVA and £120 million adjusted GVA to the economy and the radio and TV sector employed 3,500 people and contributed £50 million GVA and £400 million adjusted GVA (The Scottish Parliament). Beyond the direct economic benefits of sectors, the on-screen representation of Scotland has been claimed to boost visitor numbers to the country (EKOS) and high profile international film productions have been attracted including Skyfall (2012) and WWZ (2013).Scotland has historically attracted international film and TV productions due to its natural locations (VisitScotland) and on average, between 2009-2014, six big budget films a year used Scottish locations both urban and rural (BOP Consulting, 2014). In all, a total of £20 million was generated by film-making in Glasgow during 2011 (Balkind) with WWZ (2013) and Cloud Atlas (2013), representing Philadelphia and San Francisco respectively, as well as doubling for Edinburgh for the recent acclaimed Scottish films Filth (2013) and Sunshine on Leith (2013). Sanson (80) asserts that the use of the city as a site for international productions not only brings in direct revenue from production money but also promotes the city as a “fashionable place to live, work and visit. Creativity makes the city both profitable and ‘cool’”.Nonetheless, issues persist and it has been suggested that Scotland lacks a stable and sustainable film industry, with low indigenous production levels and variable success from year to year in attracting inward investment (BOP Consulting). With regard to crew, problems with an insufficient production base have been identified as an issue in maintaining a pipeline of skills (BOP Consulting). Developing ‘talent’ is a central aspect of the Scottish Government’s Strategy for the Creative Industries, yet there remains the core challenge of retaining skills and encouraging new talent into the industry (BOP Consulting).With regard to film, a lack of substantial funding incentives and the absence of a studio have been identified as a key concern for the sector. For example, within the film industry the majority of inward investment filming in Scotland is location work as it lacks the studio facilities that would enable it to sustain a big-budget production in its entirety (BOP Consulting). The absence of such infrastructure has been seen as contributing to a drain of Scottish talent from these industries to other areas and countries where there is a more vibrant sector (BOP Consulting). The loss of Scottish talent to Northern Ireland was attributed to the longevity of the work being provided by Games of Thrones (2011-) now having completed its six series at the Titanic Studios in Belfast (EKOS) although this may have been stemmed somewhat recently with the attraction of US high-end TV series Outlander (2014-) which has been based at Wardpark in Cumbernauld since 2013.Television, both high-end production and local broadcasting, appears crucial to the sustainability of screen production in Scotland. Outlander has been estimated to contribute to Scotland’s production spend figures reaching a historic high of £45.8 million in 2014 (Creative Scotland ”Creative Scotland Screen Strategy Update”). The arrival of the program has almost doubled production spend in Scotland, offering the chance for increased stability for screen industries workers. Qualifying for UK High-End Television Tax Relief, Outlander has engaged a crew of approximately 300 across props, filming and set build, and cast over 2,000 supporting artist roles from within Scotland and the UK.Long running drama, in particular, offers key opportunities for both those cutting their teeth in the screen industries and also by providing more consistent and longer-term employment to existing workers. BBC television soap River City (2002-) has been identified as a key example of such an opportunity and the programme has been credited with providing a springboard for developing the skills of local actors, writers and production crew (Hibberd). This kind of pipeline of production is critical given the work patterns of the sector. According to Creative Skillset, of the 4,000 people in Scotland are employed in the film and television industries, 40% of television workers are freelance and 90% of film production work in freelance (EKOS).In an attempt to address skills gaps, the Outlander Trainee Placement Scheme has been devised in collaboration with Creative Scotland and Creative Skillset. During filming of Season One, thirty-eight trainees were supported across a range of production and craft roles, followed by a further twenty-five in Season Two. Encouragingly Outlander, and the books it is based on, is set in Scotland so the authenticity of place has played a strong component in the decision to locate production there. Producer David Brown began his career on Bill Forsyth films Gregory’s Girl (1981), Local Hero (1983) and Comfort and Joy (1984) and has a strong existing relationship to Scotland. He has been very vocal in his support for the trainee program, contending that “training is the future of our industry and we at Outlander see the growth of talent and opportunities as part of our mission here in Scotland” (“Outlander fast tracks next generation of skilled screen talent”).ConclusionsThis article has aimed to explore the relationship between place and the screen industries and, taking Scotland as its focus, has outlined a need to more closely examine the ways in which the sector can be supported. Despite the possible gains in terms of building a sustainable industry, the state-led funding of the global screen industries is contested. The use of tax breaks and incentives has been problematised and critiques range from use of public funding to attract footloose media industries to the increasingly zero sum game of competition between competing places (Morawetz; McDonald). In relation to broadcasting, there have been critiques of a ‘lift and shift’ approach to policy in the UK, with TV production companies moving to the nations and regions temporarily to meet the quota and leaving once a production has finished (House of Commons). Further to this, issues have been raised regarding how far such interventions can seed and develop a rich production ecology that offers opportunities for indigenous talent (Christopherson and Rightor).Nonetheless recent success for the screen industries in Scotland can, at least in part, be attributed to interventions including increased decentralisation of broadcasting and the high-end television tax incentives. This article has identified gaps in infrastructure which continue to stymie growth and have led to production drain to other centres. 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Introduction How do we measure intimacy? What are its impacts on our social, political and personal lives? Can we claim a politics to our intimate lives that escapes the normative confines of archaic institutions, while making social justice claims for relationship recognition? Negotiating some of these disparate questions requires us to think more broadly in contemporary public debates on equality and relationship recognition. Specifically, by outlining the impacts of the popular "gay marriage" debate, this paper examines the impacts of queer theory in association with public policy and community lobbying for relationship equality. Much of the debate remains polarised: eliminating discrimination is counterposed to religious or reproductive narratives that suggest such recognition undermines the value of the "natural" heterosexual family. Introducing queer theory into advocacy that oscillates between rights and reproduction problematises indexing intimacy against normative ideas of monogamy and family. While the arguments circulated by academics, lawyers, politicians and activists have disparate political and ethical impacts, when taken together, they continue to define marriage as a public regulation of intimacy and citizenship. Citizenship, measured in democratic participation and choice, however, can only be realised through reflexive politics that value difference. Encouraging critical dialogue across disparate areas of the marriage equality debate will have a significant impact on how we make ethical claims for recognising intimacy. (Re)defining Marriage In legislative terms, marriage remains the most fundamental means through which the relationship between citizenship and intimacy is crystallised in Australia. For example, in 2004 the Federal Liberal Government in Australia passed a legislative amendment to the Marriage Act 1961 and expressly defined marriage as a union between a man and a woman. By issuing a public legislative amendment, the Government intended to privilege monogamous (in this case understood as heterosexual) intimacy by precluding same-sex or polygamous marriage. Such an exercise had rhetorical rather than legal significance, as common law principles had previously defined the scope of marriage in gender specific terms for decades (Graycar and Millbank 41). Marriage as an institution, however, is not a universal or a-historical discourse limited to legal or political constructs. Socialist feminist critiques of marriage in the 1950s conceptualised the legal and gender specific constructs in marriage as a patriarchal contract designed to regulate female bodies (Hannam 146). However, Angela McRobbie notes that within a post-feminist context, these historical realities of gendered subjugation, reproduction or domesticity have been "disarticulated" (26). Marriage has become a more democratic and self-reflexive expression of intimacy for women. David Shumway elaborates this idea and argues that this shift has emerged in a context of "social solidarity" within a consumer environment of social fragmentation (23). What this implies is that marriage now evokes a range of cultural choices, consumer practices and affective trends that are incommensurable to a singular legal or historical term of reference. Debating the Politics of Intimacy and Citizenship In order to reflect on this shifting relationship between choice, citizenship and marriage as a concept, it is necessary to highlight that marriage extends beyond private articulations of love. It is a ritualised performance of heterosexual individual (or coupled) citizenship as it entrenches economic and civil rights and responsibilities. The private becomes public. Current neo-liberal approaches to same-sex marriage focus on these symbolic and economic questions of how recognising intimacy is tied to equality. In a legal and political context, marriage is defined in s5 Marriage Act as "the union between a man and a woman to the exclusion of all others, voluntarily entered into for life." While the Act does not imbue marriage with religious or procreative significance, such a gender dichotomous definition prevents same-sex and gender diverse partners from entering into marriage. For Morris Kaplan, this is a problem because "full equality for lesbian and gay citizens requires access to the legal and social recognition of our intimate associations" (201). Advocates and activists define the quest for equal citizenship by engaging with current religious dogma that situates marriage within a field of reproduction, whereby same-sex marriage is seen to rupture the traditional rubric of monogamous kinship and the biological processes of "gender complementarity" (Australian Christian Lobby 1). Liberal equality arguments reject such conservative assertions on the basis that desire, sexuality and intimacy are innate features of human existence and hence always already implicated in public spheres (Kaplan 202). Thus, legal visibility or state recognition becomes crucial to sustaining practices of intimacy. Problematising the broader social impact of a civil rights approach through the perspective of queer theory, the private/public distinctions that delineate citizenship and intimacy become more difficult to negotiate. Equality and queer theory arguments on same-sex marriage are difficult to reconcile, primarily because they signify the different psychic and cultural investments in the monogamous couple. Butler asserts that idealisations of the couple in legal discourse relates to norms surrounding community, family and nationhood (Undoing 116). This structured circulation of sexual norms reifies the hetero-normative forms of relationships that ought to be recognised (and are desired) by the state. Butler also interrogates this logic of marriage, as a heterosexual norm, and suggests it has the capacity to confine rather than liberate subjects (Undoing 118-20). The author's argument relies upon Michel Foucault's notion of power and subjection, where the subject is not an autonomous individual (as conceived in neo liberal discourses) but a site of disciplined discursive production (Trouble 63). Butler positions the heterosexuality of marriage as a "cultural and symbolic foundation" that renders forms of kinship, monogamy, parenting and community intelligible (Undoing 118). In this sense, marriage can be a problematic articulation of state interests, particularly in terms of perpetuating domesticity, economic mobility and the heterosexual family. As former Australian Prime Minister John Howard opines: Marriage is … one of the bedrock institutions of our society … marriage, as we understand it in our society, is about children … providing for the survival of the species. (qtd. in Wade) Howard's politicisation of marriage suggests that it remains crucial to the preservation of the nuclear family. In doing so, the statement also exemplifies hom*ophobic anxieties towards non-normative kinship relations "outside the family". The Prime Ministers' words characterise marriage as a framework which privileges hegemonic ideas of monogamy, biological reproduction and gender dichotomy. Butler responds to these hom*ophobic terms by alluding to the discursive function of a "heterosexual matrix" which codes and produces dichotomous sexes, genders and (hetero)sexual desires (Trouble 36). By refusing to accept the binary neo-liberal discourse in which one is either for or against gay marriage, Butler asserts that by prioritising marriage, the individual accepts the discursive terms of recognition and legitimacy in subjectifying what counts as love (Undoing 115). What this author's argument implies is that by recuperating marital norms, the individual is not liberated, but rather participates in the discursive "trap" and succumbs to the terms of a heterosexual matrix (Trouble 56). In contradistinction to Howard's political rhetoric, engaging with Foucault's broader theoretical work on sexuality and friendship can influence how we frame the possibilities of intimacy beyond parochial narratives of conjugal relationships. Foucault emphasises that countercultural intimacies rely on desires that are relegated to the margins of mainstream (hetero)sexual culture. For example, the transformational aesthetics in practices such as sadomasochism or queer polyamorous relationships exist due to certain prohibitions in respect to sex (Foucault, History (1) 38, and "Sex" 169). Foucault notes how forms of resistance that transgress mainstream norms produce new experiences of pleasure. Being "queer" (though Foucault does not use this word) becomes identified with new modes of living, rather than a static identity (Essential 138). Extending Foucault, Butler argues that positioning queer intimacies within a field of state recognition risks normalising relationships in terms of heterosexual norms whilst foreclosing the possibilities of new modes of affection. Jasbir Puar argues that queer subjects continue to feature on the peripheries of moral and legal citizenship when their practices of intimacy fail to conform to the socio-political dyadic ideal of matrimony, fidelity and reproduction (22-28). Puar and Butler's reluctance to embrace marriage becomes clearer through an examination of the obiter dicta in the recent American jurisprudence where the proscription on same-sex marriage was overturned in California: To the extent proponents seek to encourage a norm that sexual activity occur within marriage to ensure that reproduction occur within stable households, Proposition 8 discourages that norm because it requires some sexual activity and child-bearing and child-rearing to occur outside marriage. (Perry vs Schwarzenegger 128) By connecting the discourse of matrimony and sex with citizenship, the court reifies the value of marriage as an institution of the family, which should be extended to same-sex couples. Therefore, by locating the family in reproductive heterosexual terms, the court forecloses other modes of recognition or rights for those who are in non-monogamous relationships or choose not to reproduce. The legal reasoning in the case evinces the ways in which intimate citizenship or legitimate kinship is understood in highly parochial terms. As Kane Race elaborates, the suturing of domesticity and nationhood, with the rhetoric that "reproduction occur within stable households", frames heterosexual nuclear bonds as the means to legitimate sexual relations (98). By privileging a familial kinship aesthetic to marriage, the state implicitly disregards recognising the value of intimacy in non-nuclear communities or families (Race 100). Australia, however, unlike most foreign nations, has a dual model of relationship recognition. De facto relationships are virtually indistinguishable from marriage in terms of the rights and entitlements couples are able to access. Very recently, the amendments made by the Same-Sex Relationships (Equal Treatment in Commonwealth Laws - General Reform) Act 2008 (Cth) has ensured same-sex couples have been included under Federal definitions of de facto relationships, thereby granting same-sex couples the same material rights and entitlements as heterosexual married couples. While comprehensive de facto recognition operates uniquely in Australia, it is still necessary to question the impact of jurisprudence that considers only marriage provides the legitimate structure for raising children. As Laurent Berlant suggests, those who seek alternative "love plots" are denied the legal and cultural spaces to realise them ("Love" 479). Berlant's critique emphasises how current "progressive" legal approaches to same-sex relationships rely on a monogamous (heterosexual) trajectory of the "love plot" which marginalises those who are in divorced, single, polyamorous or multi-parent situations. For example, in the National Year of Action, a series of marriage equality rallies held across Australia over 2010, non-conjugal forms of intimacy were inadvertently sidelined in order to make a claim for relationship recognition. In a letter to the Sydney Star Observer, a reader laments: As a gay man, I cannot understand why gay people would want to engage in a heterosexual ritual called marriage … Why do gay couples want to buy into this ridiculous notion is beyond belief. The laws need to be changed so that gays are treated equal under the law, but this is not to be confused with marriage as these are two separate issues... (Michael 2) Marriage marks a privileged position of citizenship and consumption, to which all other gay and lesbian rights claims are tangential. Moreover, as this letter to the Sydney Star Observer implies, by claiming sexual citizenship through the rubric of marriage, discussions about other campaigns for legislative equality are effectively foreclosed. Melissa Gregg expands on such a problematic, noting that the legal responses to equality reiterate a normative relationship between sexuality and power, where only couples that subscribe to dyadic, marriage-like relationships are offered entitlements by the state (4). Correspondingly, much of the public activism around marriage equality in Australia seeks to achieve its impact for equality (reforming the Marriage Act) by positioning intimacy in terms of state legitimacy. Butler and Warner argue that when speaking of legitimacy a relation to what is legitimate is implied. Lisa Bower corroborates this, asserting "legal discourse creates norms which universalise particular modes of living…while suppressing other practices and identities" (267). What Butler's and Bower's arguments reveal is that legitimacy is obtained through the extension of marriage to hom*osexual couples. For example, Andrew Barr, the current Labor Party Education Minister in the Australian Capital Territory (ACT), noted that "saying no to civil unions is to say that some relationships are more legitimate than others" (quoted in "Legal Ceremonies"). Ironically, such a statement privileges civil unions by rendering them as the normative basis on which to grant legal recognition. Elizabeth Povinelli argues the performance of dyadic intimacy becomes the means to assert legal and social sovereignty (112). Therefore, as Jenni Millbank warns, marriage, or even distinctive forms of civil unions, if taken alone, can entrench inequalities for those who choose not to participate in these forms of recognition (8). Grassroots mobilisation and political lobbying strategies around marriage equality activism can have the unintentional impact, however, of obscuring peripheral forms of intimacy and subsequently repudiating those who contest the movement towards marriage. Warner argues that those who choose to marry derive pride from their monogamous commitment and "family" oriented practice, a privilege afforded through marital citizenship (82). Conversely, individuals and couples who deviate from the "normal" (read: socially palatable) intimate citizen, such as promiscuous or polyamorous subjects, are rendered shameful or pitiful. This political discourse illustrates that there is a strong impetus in the marriage equality movement to legitimate "hom*osexual love" because it mimics the norms of monogamy, stability, continuity and family by only seeking to substitute the sex of the "other" partner. Thus, civil rights discourse maintains the privileged political economy of marriage as it involves reproduction (even if it is not biological), mainstream social roles and monogamous sex. By defining social membership and future life in terms of a heterosexual life-narrative, same-sex couples become wedded to the idea of matrimony as the basis for sustainable intimacy and citizenship (Berlant and Warner 557). Warner is critical of recuperating discourses that privilege marriage as the ideal form of intimacy. This is particularly concerning when diverse erotic and intimate communities, which are irreducible to normative forms of citizenship, are subject to erasure. Que(e)rying the Future of Ethics and Politics By connecting liberal equality arguments with Butler and Warner's work on queer ethics, there is hesitation towards privileging marriage as the ultimate form of intimacy. Moreover, Butler stresses the importance of a transformative practice of queer intimacy: It is crucial…that we maintain a critical and transformative relation to the norms that govern what will not count as intelligible and recognisable alliance and kinship. (Undoing 117) Here the author attempts to negotiate the complex terrain of queer citizenship and ethics. On one hand, it is necessary to be made visible in order to engage in political activism and be afforded rights within a state discourse. Simultaneously, on the other hand, there is a need to transform the prevailing hetero-normative rhetoric of romantic love in order to prevent pathologising bodies or rendering certain forms of intimacy as aberrant or deviant because, as Warner notes, they do not conform to our perception of what we understand to be normal or morally desirable. Foucault's work on the aesthetics of the self offers a possible transformational practice which avoids the risks Warner and Butler mention because it eludes the "normative determinations" of moralities and publics, whilst engaging in an "ethical stylization" (qtd. in Race 144). Whilst Foucault's work does not explicitly address the question of marriage, his work on friendship gestures to the significance of affective bonds. Queer kinship has the potential to produce new ethics, where bodies do not become subjects of desires, but rather act as agents of pleasure. Negotiating the intersection between active citizenship and transformative intimacy requires rethinking the politics of recognition and normalisation. Warner is quite ambivalent as to the potential of appropriating marriage for gays and lesbians, despite the historical dynamism of marriage. Rather than acting as a progressive mechanism for rights, it is an institution that operates by refusing to recognise other relations (Warner 129). However, as Alexander Duttmann notes, recognition is more complex and a paradoxical means of relation and identification. It involves a process in which the majority neutralises the difference of the (minority) Other in order to assimilate it (27). However, in the process of recognition, the Other which is validated, then transforms the position of the majority, by altering the terms by which recognition is granted. Marriage no longer simply confers recognition for heterosexual couples to engage in reproduction (Secomb 133). While some queer couples may subscribe to a monogamous relationship structure, these relationships necessarily trouble conservative politics. The lamentations of the Australian Christian Lobby regarding the "fundamental (anatomical) gender complementarity" of same-sex marriage reflect this by recognising the broader social transformation that will occur (and already does with many heterosexual marriages) by displacing the association between marriage, procreation and parenting (5). Correspondingly, Foucault's work assists in broadening the debate on relationship recognition by transforming our understanding of choice and ethics in terms of "queer friendship." He describes it as a practice that resists the normative public distinction between romantic and platonic affection and produces new aesthetics for sexual and non-sexual intimacy (Foucault, Essential 170). Linnell Secomb argues that this "double potential" alluded to in Foucault and Duttman's work, has the capacity to neutralise difference as Warner fears (133). However, it can also transform dominant narratives of sexual citizenship, as enabling marriage equality will impact on how we imagine traditional heterosexual or patriarchal "plots" to intimacy (Berlant, "Intimacy" 286). Conclusion Making an informed impact into public debates on marriage equality requires charting the locus of sexuality, intimacy and citizenship. Negotiating academic discourses, social and community activism, with broader institutions and norms presents political and social challenges when thinking about the sorts of intimacy that should be recognised by the state. The civil right to marriage, irrespective of the sex or gender of one's partner, reflects a crucial shift towards important democratic participation of non-heterosexual citizens. However, it is important to note that the value of such intimacy cannot be indexed against a single measure of legal reform. While Butler and Warner present considered indictments on the normalisation of queer intimacy through marriage, such arguments do not account for the impacts of que(e)rying cultural norms and practices through social and political change. Marriage is not a singular or a-historical construction reducible to state recognition. Moreover, in a secular democracy, marriage should be one of many forms of diverse relationship recognition open to same-sex and gender diverse couples. In order to expand the impact of social and legal claims for recognition, it is productive to rethink the complex nature of recognition, ritual and aesthetics within marriage. In doing so, we can begin to transform the possibilities for articulating intimate citizenship in plural democracies. References Australian Christian Lobby. "Submission to the Senate Legal and Constitutional Affairs Legislation Committee Inquiry into the Marriage Equality Amendment Bill 2009." Deakin: ACL, 2009. Australian Government. "Sec. 5." Marriage Act of 1961 (Cth). 1961. ———. Same-Sex Relationships (Equal Treatment in Commonwealth Laws - General Reform) Act 2008 (Cth). 2008. Bell, David, and John Binnie. The Sexual Citizen: Queer Politics and Beyond. Oxford: Polity P, 2000. Berlant, Lauren. "Intimacy: A Special Issue." Critical Inquiry 24 (1998): 281-88. ———. "Love, a Queer Feeling." hom*osexuality and Psychoanalysis. Eds. Tim Dean and Christopher Lane. Chicago: U of Chicago P, 2001:432-52. Berlant, Lauren, and Michael Warner. "Sex in Public." Ed. Lauren Berlant. Intimacy. Chicago and London: U of Chicago P, 2000: 311-30. Bower, Lisa. "Queer Problems/Straight Solutions: The Limits of a Politics of 'Official Recognition'" Playing with Fire: Queer Politics, Queer Theories. Ed. Shane Phelan. London and New York: Routledge, 1997: 267-91. Butler, Judith. Gender Trouble: Feminism and the Subversion of Identity. New York and London: Routledge, 1990. ———. Undoing Gender. New York: Routledge, 2004. Duttmann, Alexander. Between Cultures: Tensions in the Struggle for Recognition. London: Verso, 2000. Foucault, Michel. The History of Sexuality (1): The Will to Knowledge. London: Penguin Books, 1977. ———. "Sex, Power and the Politics of Identity." Ethics: Subjectivity and Truth. Ed. Paul Rabinow. London: Allen Lange/Penguin, 1984. 163-74. ———. Essential Works of Foucault: 1954-1984: Ethics, Vol. 1. London: Penguin, 2000. Graycar, Reg, and Jenni Millbank. "From Functional Families to Spinster Sisters: Australia's Distinctive Path to Relationship Recognition." Journal of Law and Policy 24. 2007: 1-44. Gregg, Melissa. "Normal Homes." M/C Journal 10.4 (2007). 27 Aug. 2007 ‹http://journal.media-culture.org.au/0708/02-gregg.php›. Hannam, Jane. Feminism. London and New York: Pearson Education, 2007. Kaplan, Morris. "Intimacy and Equality: The Question of Lesbian and Gay Marriage." Playing with Fire: Queer Politics, Queer Theories. Ed. Shane Phelan. London and New York: Routledge, 1997: 201-30. "Legal Ceremonies for Same-Sex Couples." ABC Online 11 Nov. 2009. 13 Dec. 2011 ‹http://www.abc.net.au/news/stories/2009/11/11/2739661.htm›. McRobbie, Angela. The Aftermath of Feminism: Gender, Culture and Social Change. London and New York: Sage, 2008. Michael. "Why Marriage?" Letter to the Editor. Sydney Star Observer 1031 (20 July 2010): 2. Millbank, Jenni. "Recognition of Lesbian and Gay Families in Australian Law - Part One: Couples." Federal Law Review 34 (2008): 1-44. Perry v. Schwarzenegger. 3: 09 CV 02292. United States District Court for the Northern District of California. 2010. Povinelli, Elizabeth. Empire of Love: Toward a Theory of Intimacy, Genealogy and Carnality. Durham: Duke UP, 2006. Puar, Jasbir. Terrorist Assemblages: hom*onationalism in Queer Times. Durham: Duke UP, 2007. Race, Kane. Pleasure Consuming Medicine: The Queer Politics of Drugs. Durham and London: Duke UP, 2009. Secomb, Linnell. Philosophy and Love. Edinburgh: Edinburgh UP, 2007. Shumway, David. Modern Love: Romance, Intimacy and the Marriage Crisis. New York: New York UP, 2003. Wade, Matt. "PM Joins Opposition against Gay Marriage as Cleric's Election Stalls." The Sydney Morning Herald 6 Aug. 2003. Warner, Michael. The Trouble with Normal: Sex, Politics and the Ethics of Queer Life. Cambridge: Harvard UP, 1999.

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Abstract:

On 19 January 1975, Australia’s first youth station 2JJ (Double Jay) launched itself onto the nation’s airwaves with a NASA-style countdown and You Only Like Me ‘Cause I’m Good in Bed by Australian band Skyhooks. Refused airtime by the commercial stations because of its explicit sexual content, this song was a clear signifier of the new station’s intent—to occupy a more radical territory on Australian radio. Indeed, Double Jay’s musical entrée into the highly restrictive local broadcasting environment of the time has gone on to symbolise both the station’s role in its early days as an enfant terrible of radio (Inglis 376), and its near 40 years as a voice for youth culture in Australia (Milesago, Double Jay). In this paper we explore the proposition that Double Jay functioned as an outlet for youth counterculture in Australia, and that it achieved this even with (and arguably because of) its credentials as a state-generated entity. This proposition is considered via brief analysis of the political and musical context leading to the establishment of Double Jay. We intend to demonstrate that although the station was deeply embedded in “the system” in material and cultural terms, it simultaneously existed in an “uneasy symbiosis” (Martin and Siehl 54) with this system because it consciously railed against the mainstream cultures from which it drew, providing a public and active vehicle for youth counterculture in Australia. The origins of Double Jay thus provide one example of the complicated relationship between culture and counterculture, and the multiple ways in which the two are inextricably linked. As a publicly-funded broadcasting station Double Jay was liberated from the industrial imperatives of Australia’s commercial stations which arguably drove their predisposition for formula. The absence of profit motive gave Double Jay’s organisers greater room to experiment with format and content, and thus the potential to create a genuine alternative in Australia broadcasting. As a youth station Double Jay was created to provide a minority with its own outlet. The Labor government committed to wrenching airspace from the very restrictive Australian broadcasting “system” (Wiltshire and Stokes 2) to provide minority voices with room to speak and to be heard. Youth was identified by the government as one such minority. The Australian Broadcasting Commission (ABC) contributed to this process by enabling young staffers to establish the semi-independent Contemporary Radio Unit (CRU) (Webb) and within this a youth station. Not only did this provide a focal point around which a youth collective could coalesce, but the distinct place and identity of Double Jay within the ABC offered its organisers the opportunity to ignore or indeed subvert some of the perceived strictures of the “mothership” that was the ABC, whether in organisational, content and/or stylistic terms. For these and other reasons Double Jay was arguably well positioned to counter the broadcasting cultures that existed alongside this station. It did so stylistically, and also in more fundamental ways, At the same time, however, it “pillaged the host body at random” (Webb) co-opting certain aspects of these cultures (people, scheduling, content, administration) which in turn implicated Double Jay in the material and cultural practices of those mainstream cultures against which it railed. Counterculture on the Airwaves: Space for Youth to Play? Before exploring these themes further, we should make clear that Double Jay’s legitimacy as a “counterculture” organisation is observably tenuous against the more extreme renderings of the concept. Theodore Roszak, for example, requires of counterculture something “so radically disaffiliated from the mainstream assumptions of our society that it scarcely looks to many as a culture at all” (5). Double Jay was a brainchild of the state: an outcome of the Whitlam Government’s efforts to open up the nation’s airwaves (Davis, Government; McClelland). Further, the supervision of this station was given to the publicly funded Australian national broadcaster, the ABC (Inglis). Any claim Double Jay has to counterculture status then is arguably located in less radical invocations of the term. Some definitions, for example, hold that counterculture contains value systems that run counter to culture, but these values are relational rather than divorced from each other. Kenneth Leech, for example, states that counterculture is "a way of life and philosophy which at central points is in conflict with the mainstream society” (Desmond et al. 245, our emphasis); E.D. Batzell defines counterculture as "a minority culture marked by a set of values, norms and behaviour patterns which contradict those of the dominant society" (116, our emphasis). Both definitions imply that counterculture requires the mainstream to make sense of what it is doing and why. In simple terms then, counterculture as the ‘other’ does not exist without its mainstream counterpoint. The particular values with which counterculture is in conflict are generated by “the system” (Heath and Potter 6)—a system that imbues “manufactured needs and mass-produced desires” (Frank 15) in the masses to encourage order, conformity and consumption. Counterculture seeks to challenge this “system” via individualist, expression-oriented values such as difference, diversity, change, egalitarianism, and spontaneity (Davis On Youth; Leary; Thompson and Coskuner‐Balli). It is these kinds of counterculture values that we demonstrate were embedded in the content, style and management practices within Double Jay. The Whitlam Years and the Birth of Double Jay Double Jay was borne of the Whitlam government’s brief but impactful period in office from 1972 to 1975, after 23 years of conservative government in Australia. Key to the Labor Party’s election platform was the principle of participatory democracy, the purpose of which was “breaking down apathy and maximising active citizen engagement” (Cunningham 123). Within this framework, the Labor Party committed to opening the airwaves, and reconfiguring the rhetoric of communication and media as a space of and for the people (Department of the Media 3). Labor planned to honour this commitment via sweeping reforms that would counter the heavily concentrated Australian media landscape through “the encouragement of diversification of ownership of commercial radio and television”—and in doing so enable “the expression of a plurality of viewpoints and cultures throughout the media” (Department of the Media 3). Minority groups in particular were to be privileged, while some in the Party even argued for voices that would actively agitate. Senator Jim McClelland, for one, declared, “We say that somewhere in the system there must be broadcasting which not only must not be afraid to be controversial but has a duty to be controversial” (Senate Standing Committee 4). One clear voice of controversy to emerge in the 1960s and resonate throughout the 1970s was the voice of youth (Gerster and Bassett; Langley). Indeed, counterculture is considered by some as synonymous with a particular strain of youth culture during this time (Roszak; Leech). The Labor Government acknowledged this hitherto unrecognised voice in its 1972 platform, with Minister for the Media Senator Doug McClelland claiming that his party would encourage the “whetting of the appetite” for “life and experimentation” of Australia’s youth – in particular through support for the arts (160). McClelland secured licenses for two “experimental-type” stations under the auspices of the ABC, with the youth station destined for Sydney via the ABC’s standby transmitter in Gore Hill (ABCB, 2). Just as the political context in early 1970s Australia provided the necessary conditions for the appearance of Double Jay, so too did the cultural context. Counterculture emerged in the UK, USA and Europe as a clear and potent force in the late 1960s (Roszak; Leech; Frank; Braunstein and Doyle). In Australia this manifested in the 1960s and 1970s in various ways, including political protest (Langley; Horne); battles for the liberalisation of censorship (Hope and Dickerson, Liberalisation; Chipp and Larkin); sex and drugs (Dawson); and the art film scene (Hope and Dickerson, Happiness; Thoms). Of particular interest here is the “lifestyle” aspect of counterculture, within which the value-expressions against the dominant culture manifest in cultural products and practices (Bloodworth 304; Leary ix), and more specifically, music. Many authors have suggested that music was pivotal to counterculture (Bloodworth 309; Leech 8), a key “social force” through which the values of counterculture were articulated (Whiteley 1). The youth music broadcasting scene in Australia was extremely narrow prior to Double Jay, monopolised by a handful of media proprietors who maintained a stranglehold over the youth music scene from the mid-50s. This dominance was in part fuelled by the rising profitability of pop music, driven by “the dreamy teenage market”, whose spending was purely discretionary (Doherty 52) and whose underdeveloped tastes made them “immune to any sophisticated disdain of run-of-the-mill” cultural products (Doherty 230-231). Over the course of the 1950s the commercial stations pursued this market by “skewing” their programs toward the youth demographic (Griffen-Foley 264). The growing popularity of pop music saw radio shift from a “multidimensional” to “mono-dimensional” medium according to rock journalist Bruce Elder, in which the “lowest-common-denominator formula of pop song-chat-commercial-pop-song” dominated the commercial music stations (12). Emblematic of this mono-dimensionalism was the appearance of the Top 40 Playlist in 1958 (Griffin-Foley 265), which might see as few as 10–15 songs in rotation in peak shifts. Elder claims that this trend became more pronounced over the course of the 1960s and peaked in 1970, with playlists that were controlled with almost mechanical precision [and] compiled according to American-devised market research methods which tended to reinforce repetition and familiarity at the expense of novelty and diversity. (12) Colin Vercoe, whose job was to sell the music catalogues of Festival Records to stations like 2UE, 2SER and SUW, says it was “an incredibly frustrating affair” to market new releases because of the rigid attachment by commercials to the “Top 40 of endless repeats” (Vercoe). While some air time was given to youth music beyond the Top 40, this happened mostly in non-peak shifts and on weekends. Bill Drake at 2SM (who was poached by Double Jay and allowed to reclaim his real name, Holger Brockmann) played non-Top 40 music in his Sunday afternoon programme The Album Show (Brockmann). A more notable exception was Chris Winter’s Room to Move on the ABC, considered by many as the predecessor of Double Jay. Introduced in 1971, Room to Move played all forms of contemporary music not represented by the commercial broadcasters, including whole albums and B sides. Rock music’s isolation to the fringes was exacerbated by the lack of musical sales outlets for rock and other forms of non-pop music, with much music sourced through catalogues, music magazines and word of mouth (Winter; Walker). In this context a small number of independent record stores, like Anthem Records in Sydney and Archie and Jugheads in Melbourne, appear in the early 1970s. Vercoe claims that the commercial record companies relentlessly pursued the closure of these independents on the grounds they were illegal entities: The record companies hated them and they did everything they could do close them down. When (the companies) bought the catalogue to overseas music, they bought the rights. And they thought these record stores were impinging on their rights. It was clear that a niche market existed for rock and alternative forms of music. Keith Glass and David Pepperell from Archie and Jugheads realised this when stock sold out in the first week of trade. Pepperell notes, “We had some feeling we were doing something new relating to people our own age but little idea of the forces we were about to unleash”. Challenging the “System” from the Inside At the same time as interested individuals clamoured to buy from independent record stores, the nation’s first youth radio station was being instituted within the ABC. In October 1974, three young staffers—Marius Webb, Ron Moss and Chris Winter— with the requisite youth credentials were briefed by ABC executives to build a youth-style station for launch in January 1975. According to Winter “All they said was 'We want you to set up a station for young people' and that was it!”, leaving the three with a conceptual carte blanche–although assumedly within the working parameters of the ABC (Webb). A Contemporary Radio Unit (CRU) was formed in order to meet the requirements of the ABC while also creating a clear distinction between the youth station and the ABC. According to Webb “the CRU gave us a lot of latitude […] we didn’t have to go to other ABC Departments to do things”. The CRU was conscious from the outset of positioning itself against the mainstream practices of both the commercial stations and the ABC. The publicly funded status of Double Jay freed it from the shackles of profit motive that enslaved the commercial stations, in turn liberating its turntables from baser capitalist imperatives. The two coordinators Ron Moss and Marius Webb also bypassed the conventions of typecasting the announcer line-up (as was practice in both commercial and ABC radio), seeking instead people with charisma, individual style and youth appeal. Webb told the Sydney Morning Herald that Double Jay’s announcers were “not required to have a frontal lobotomy before they go on air.” In line with the individual- and expression-oriented character of the counterculture lifestyle, it was made clear that “real people” with “individuality and personality” would fill the airwaves of Double Jay (Nicklin 9). The only formula to which the station held was to avoid (almost) all formula – a mantra enhanced by the purchase in the station’s early days of thousands of albums and singles from 10 or so years of back catalogues (Robinson). This library provided presenters with the capacity to circumvent any need for repetition. According to Winter the DJs “just played whatever we wanted”, from B sides to whole albums of music, most of which had never made it onto Australian radio. The station also adapted the ABC tradition of recording live classical music, but instead recorded open-air rock concerts and pub gigs. A recording van built from second-hand ABC equipment captured the grit of Sydney’s live music scene for Double Jay, and in so doing undercut the polished sounds of its commercial counterparts (Walker). Double Jay’s counterculture tendencies further extended to its management style. The station’s more political agitators, led by Webb, sought to subvert the traditional top-down organisational model in favour of a more egalitarian one, including a battle with the ABC to remove the bureaucratic distinction between technical staff and presenters and replace this with the single category “producer/presenter” (Cheney, Webb, Davis 41). The coordinators also actively subverted their own positions as coordinators by holding leaderless meetings open to all Double Jay employees – meetings that were infamously long and fraught, but also remembered as symbolic of the station’s vibe at that time (Frolows, Matchett). While Double Jay assumed the ABC’s focus on music, news and comedy, at times it politicised the content contra to the ABC’s non-partisan policy, ignored ABC policy and practice, and more frequently pushed its contents over the edges of what was considered propriety and taste. These trends were already present in pockets of the ABC prior to Double Jay: in current affairs programmes like This Day Tonight and Four Corners (Harding 49); and in overtly leftist figures like Alan Ashbolt (Bowman), who it should be noted had a profound influence over Webb and other Double Jay staff (Webb). However, such an approach to radio still remained on the edges of the ABC. As one example of Double Jay’s singularity, Webb made clear that the ABC’s “gentleman’s agreement” with the Federation of Australian Commercial Broadcasters to ban certain content from airplay would not apply to Double Jay because the station would not “impose any censorship on our people” – a fact demonstrated by the station’s launch song (Nicklin 9). The station’s “people” in turn made the most of this freedom with the production of programmes like Gayle Austin’s Horny Radio p*rn Show, the Naked Vicar Show, the adventures of Colonel Chuck Chunder of the Space Patrol, and the Sunday afternoon comic improvisations of Nude Radio from the team that made Aunty Jack. This openness also made its way into the news team, most famously in its second month on air with the production of The Ins and Outs of Love, a candid documentary of the sexual proclivities and encounters of Sydney’s youth. Conservative ABC staffer Clement Semmler described the programme as containing such “disgustingly explicit accounts of the sexual behaviour of young teenagers” that it “aroused almost universal obloquy from listeners and the press” (35). The playlist, announcers, comedy sketches, news reporting and management style of Double Jay represented direct challenges to the entrenched media culture of Australia in the mid 1970s. The Australian National Commission for UNESCO noted at the time that Double Jay was “variously described as political, subversive, offensive, p*rnographic, radical, revolutionary and obscene” (7). While these terms were understandable given the station’s commitment to experiment and innovation, the “vital point” about Double Jay was that it “transmitted an electronic reflection of change”: What the station did was to zero in on the kind of questioning of traditional values now inherent in a significant section of the under 30s population. It played their music, talked in their jargon, pandered to their whims, tastes, prejudices and societal conflicts both intrinsic and extrinsic. (48) Conclusion From the outset, Double Jay was locked in an “uneasy symbiosis” with mainstream culture. On the one hand, the station was established by federal government and its infrastructure was provided by state funds. It also drew on elements of mainstream broadcasting in multiple ways. However, at the same time, it was a voice for and active agent of counterculture, representing through its content, form and style those values that were considered to challenge the ‘system,’ in turn creating an outlet for the expression of hitherto un-broadcast “ways of thinking and being” (Leary). As Henry Rosenbloom, press secretary to then Labor Minister Dr Moss Cass wrote, Double Jay had the potential to free its audience “from an automatic acceptance of the artificial rhythms of urban and suburban life. 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Abstract:

Unconventional energy sources have become increasingly important to the global energy mix. These include coal seam gas, shale gas and shale oil. The unconventional gas industry was pioneered in the United States and embraced following the first oil shock in 1973 (Rogers). As has been the case with many global resources (Hisco*ck), many of the same companies that worked in the USA carried their experience in this industry to early Australian explorations. Recently the USA has secured significant energy security with the development of unconventional energy deposits such as the Marcellus shale gas and the Bakken shale oil (Dobb; McGraw). But this has not come without environmental impact, including contamination to underground water supply (Osborn, Vengosh, Warner, Jackson) and potential greenhouse gas contributions (Howarth, Santoro, Ingraffea; McKenna). The environmental impact of unconventional gas extraction has raised serious public concern about the introduction and growth of the industry in Australia. In coal rich Australia coal seam gas is currently the major source of unconventional gas. Large gas deposits have been found in prime agricultural land along eastern Australia, such as the Liverpool Plains in New South Wales and the Darling Downs in Queensland. Competing land-uses and a series of environmental incidents from the coal seam gas industry have warranted major protest from a coalition of environmentalists and farmers (Berry; McLeish). Conflict between energy companies wanting development and environmentalists warning precaution is an easy script to cast for frontline media coverage. But historical perspectives are often missing in these contemporary debates. While coal mining and natural gas have often received “boosting” historical coverage (Diamond; Wilkinson), and although historical themes of “development” and “rushes” remain predominant when observing the span of the industry (AGA; Blainey), the history of unconventional gas, particularly the history of its environmental impact, has been little studied. Few people are aware, for example, that the first shale gas exploratory well was completed in late 2010 in the Cooper Basin in Central Australia (Molan) and is considered as a “new” frontier in Australian unconventional gas. Moreover many people are unaware that the first coal seam gas wells were completed in 1976 in Queensland. The first four wells offer an important moment for reflection in light of the industry’s recent move into Central Australia. By locating and analysing the first four coal seam gas wells, this essay identifies the roots of the unconventional gas industry in Australia and explores the early environmental impact of these wells. By analysing exploration reports that have been placed online by the Queensland Department of Natural Resources and Mines through the lens of environmental history, the dominant developmental narrative of this industry can also be scrutinised. These narratives often place more significance on economic and national benefits while displacing the environmental and social impacts of the industry (Connor, Higginbotham, Freeman, Albrecht; Duus; McEachern; Trigger). This essay therefore seeks to bring an environmental insight into early unconventional gas mining in Australia. As the author, I am concerned that nearly four decades on and it seems that no one has heeded the warning gleaned from these early wells and early exploration reports, as gas exploration in Australia continues under little scrutiny. Arrival The first four unconventional gas wells in Australia appear at the beginning of the industry world-wide (Schraufnagel, McBane, and Kuuskraa; McClanahan). The wells were explored by Houston Oils and Minerals—a company that entered the Australian mining scene by sharing a mining prospect with International Australian Energy Company (Wiltshire). The International Australian Energy Company was owned by Black Giant Oil Company in the US, which in turn was owned by International Royalty and Oil Company also based in the US. The Texan oilman Robert Kanton held a sixteen percent share in the latter. Kanton had an idea that the Mimosa Syncline in the south-eastern Bowen Basin was a gas trap waiting to be exploited. To test the theory he needed capital. Kanton presented the idea to Houston Oil and Minerals which had the financial backing to take the risk. Shotover No. 1 was drilled by Houston Oil and Minerals thirty miles south-east of the coal mining town of Blackwater. By late August 1975 it was drilled to 2,717 metres, discovered to have little gas, spudded, and, after a spend of $610,000, abandoned. The data from the Shotover well showed that the porosity of the rocks in the area was not a trap, and the Mimosa Syncline was therefore downgraded as a possible hydrocarbon location. There was, however, a small amount of gas found in the coal seams (Benbow 16). The well had passed through the huge coal seams of both the Bowen and Surat basins—important basins for the future of both the coal and gas industries. Mining Concepts In 1975, while Houston Oil and Minerals was drilling the Shotover well, US Steel and the US Bureau of Mines used hydraulic fracture, a technique already used in the petroleum industry, to drill vertical surface wells to drain gas from a coal seam (Methane Drainage Taskforce 102). They were able to remove gas from the coal seam before it was mined and sold enough to make a profit. With the well data from the Shotover well in Australia compiled, Houston returned to the US to research the possibility of harvesting methane in Australia. As the company saw it, methane drainage was “a novel exploitation concept” and the methane in the Bowen Basin was an “enormous hydrocarbon resource” (Wiltshire 7). The Shotover well passed through a section of the German Creek Coal measures and this became their next target. In September 1976 the Shotover well was re-opened and plugged at 1499 meters to become Australia’s first exploratory unconventional gas well. By the end of the month the rig was released and gas production tested. At one point an employee on the drilling operation observed a gas flame “the size of a 44 gal drum” (HOMA, “Shotover # 1” 9). But apart from the brief show, no gas flowed. And yet, Houston Oil and Minerals was not deterred, as they had already taken out other leases for further prospecting (Wiltshire 4). Only a week after the Shotover well had failed, Houston moved the methane search south-east to an area five miles north of the Moura township. Houston Oil and Minerals had researched the coal exploration seismic surveys of the area that were conducted in 1969, 1972, and 1973 to choose the location. Over the next two months in late 1976, two new wells—Kinma No.1 and Carra No.1—were drilled within a mile from each other and completed as gas wells. Houston Oil and Minerals also purchased the old oil exploration well Moura No. 1 from the Queensland Government and completed it as a suspended gas well. The company must have mined the Department of Mines archive to find Moura No.1, as the previous exploration report from 1969 noted methane given off from the coal seams (Sell). By December 1976 Houston Oil and Minerals had three gas wells in the vicinity of each other and by early 1977 testing had occurred. The results were disappointing with minimal gas flow at Kinma and Carra, but Moura showed a little more promise. Here, the drillers were able to convert their Fairbanks-Morse engine driving the pump from an engine run on LPG to one run on methane produced from the well (Porter, “Moura # 1”). Drink This? Although there was not much gas to find in the test production phase, there was a lot of water. The exploration reports produced by the company are incomplete (indeed no report was available for the Shotover well), but the information available shows that a large amount of water was extracted before gas started to flow (Porter, “Carra # 1”; Porter, “Moura # 1”; Porter, “Kinma # 1”). As Porter’s reports outline, prior to gas flowing, the water produced at Carra, Kinma and Moura totalled 37,600 litres, 11,900 and 2,900 respectively. It should be noted that the method used to test the amount of water was not continuous and these amounts were not the full amount of water produced; also, upon gas coming to the surface some of the wells continued to produce water. In short, before any gas flowed at the first unconventional gas wells in Australia at least 50,000 litres of water were taken from underground. Results show that the water was not ready to drink (Mathers, “Moura # 1”; Mathers, “Appendix 1”; HOMA, “Miscellaneous Pages” 21-24). The water had total dissolved solids (minerals) well over the average set by the authorities (WHO; Apps Laboratories; NHMRC; QDAFF). The well at Kinma recorded the highest levels, almost two and a half times the unacceptable standard. On average the water from the Moura well was of reasonable standard, possibly because some water was extracted from the well when it was originally sunk in 1969; but the water from Kinma and Carra was very poor quality, not good enough for crops, stock or to be let run into creeks. The biggest issue was the sodium concentration; all wells had very high salt levels. Kinma and Carra were four and two times the maximum standard respectively. In short, there was a substantial amount of poor quality water produced from drilling and testing the three wells. Fracking Australia Hydraulic fracturing is an artificial process that can encourage more gas to flow to the surface (McGraw; Fischetti; Senate). Prior to the testing phase at the Moura field, well data was sent to the Chemical Research and Development Department at Halliburton in Oklahoma, to examine the ability to fracture the coal and shale in the Australian wells. Halliburton was the founding father of hydraulic fracture. In Oklahoma on 17 March 1949, operating under an exclusive license from Standard Oil, this company conducted the first ever hydraulic fracture of an oil well (Montgomery and Smith). To come up with a program of hydraulic fracturing for the Australian field, Halliburton went back to the laboratory. They bonded together small slabs of coal and shale similar to Australian samples, drilled one-inch holes into the sample, then pressurised the holes and completed a “hydro-frac” in miniature. “These samples were difficult to prepare,” they wrote in their report to Houston Oil and Minerals (HOMA, “Miscellaneous Pages” 10). Their program for fracturing was informed by a field of science that had been evolving since the first hydraulic fracture but had rapidly progressed since the first oil shock. Halliburton’s laboratory test had confirmed that the model of Perkins and Kern developed for widths of hydraulic fracture—in an article that defined the field—should also apply to Australian coals (Perkins and Kern). By late January 1977 Halliburton had issued Houston Oil and Minerals with a program of hydraulic fracture to use on the central Queensland wells. On the final page of their report they warned: “There are many unknowns in a vertical fracture design procedure” (HOMA, “Miscellaneous Pages” 17). In July 1977, Moura No. 1 became the first coal seam gas well hydraulically fractured in Australia. The exploration report states: “During July 1977 the well was killed with 1% KCL solution and the tubing and packer were pulled from the well … and pumping commenced” (Porter 2-3). The use of the word “kill” is interesting—potassium chloride (KCl) is the third and final drug administered in the lethal injection of humans on death row in the USA. Potassium chloride was used to minimise the effect on parts of the coal seam that were water-sensitive and was the recommended solution prior to adding other chemicals (Montgomery and Smith 28); but a word such as “kill” also implies that the well and the larger environment were alive before fracking commenced (Giblett; Trigger). Pumping recommenced after the fracturing fluid was unloaded. Initially gas supply was very good. It increased from an average estimate of 7,000 cubic feet per day to 30,000, but this only lasted two days before coal and sand started flowing back up to the surface. In effect, the cleats were propped open but the coal did not close and hold onto them which meant coal particles and sand flowed back up the pipe with diminishing amounts of gas (Walters 12). Although there were some interesting results, the program was considered a failure. In April 1978, Houston Oil and Minerals finally abandoned the methane concept. Following the failure, they reflected on the possibilities for a coal seam gas industry given the gas prices in Queensland: “Methane drainage wells appear to offer no economic potential” (Wooldridge 2). At the wells they let the tubing drop into the hole, put a fifteen foot cement plug at the top of the hole, covered it with a steel plate and by their own description restored the area to its “original state” (Wiltshire 8). Houston Oil and Minerals now turned to “conventional targets” which included coal exploration (Wiltshire 7). A Thousand Memories The first four wells show some of the critical environmental issues that were present from the outset of the industry in Australia. The process of hydraulic fracture was not just a failure, but conducted on a science that had never been tested in Australia, was ponderous at best, and by Halliburton’s own admission had “many unknowns”. There was also the role of large multinationals providing “experience” (Briody; Hisco*ck) and conducting these tests while having limited knowledge of the Australian landscape. Before any gas came to the surface, a large amount of water was produced that was loaded with a mixture of salt and other heavy minerals. The source of water for both the mud drilling of Carra and Kinma, as well as the hydraulic fracture job on Moura, was extracted from Kianga Creek three miles from the site (HOMA, “Carra # 1” 5; HOMA, “Kinma # 1” 5; Porter, “Moura # 1”). No location was listed for the disposal of the water from the wells, including the hydraulic fracture liquid. Considering the poor quality of water, if the water was disposed on site or let drain into a creek, this would have had significant environmental impact. Nobody has yet answered the question of where all this water went. The environmental issues of water extraction, saline water and hydraulic fracture were present at the first four wells. At the first four wells environmental concern was not a priority. The complexity of inter-company relations, as witnessed at the Shotover well, shows there was little time. The re-use of old wells, such as the Moura well, also shows that economic priorities were more important. Even if environmental information was considered important at the time, no one would have had access to it because, as handwritten notes on some of the reports show, many of the reports were “confidential” (Sell). Even though coal mines commenced filing Environmental Impact Statements in the early 1970s, there is no such documentation for gas exploration conducted by Houston Oil and Minerals. A lack of broader awareness for the surrounding environment, from floral and faunal health to the impact on habitat quality, can be gleaned when reading across all the exploration reports. Nearly four decades on and we now have thousands of wells throughout the world. Yet, the challenges of unconventional gas still persist. The implications of the environmental history of the first four wells in Australia for contemporary unconventional gas exploration and development in this country and beyond are significant. Many environmental issues were present from the beginning of the coal seam gas industry in Australia. Owning up to this history would place policy makers and regulators in a position to strengthen current regulation. The industry continues to face the same challenges today as it did at the start of development—including water extraction, hydraulic fracturing and problems associated with drilling through underground aquifers. Looking more broadly at the unconventional gas industry, shale gas has appeared as the next target for energy resources in Australia. Reflecting on the first exploratory shale gas wells drilled in Central Australia, the chief executive of the company responsible for the shale gas wells noted their deliberate decision to locate their activities in semi-desert country away from “an area of prime agricultural land” and conflict with environmentalists (quoted in Molan). Moreover, the journalist Paul Cleary recently complained about the coal seam gas industry polluting Australia’s food-bowl but concluded that the “next frontier” should be in “remote” Central Australia with shale gas (Cleary 195). It appears that preference is to move the industry to the arid centre of Australia, to the ecologically and culturally unique Lake Eyre Basin region (Robin and Smith). 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