Punting the Pundits

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

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The New York Times Editorial Board: Smartphones and the 4th Amendment

More than 90 percent of American adults own a mobile phone, and more than half of the devices are smartphones. But “smartphone” is a misnomer. They are personal computers that happen to include a phone function, and like any computer they can store or wirelessly retrieve enormous amounts of personal information: emails, photos and videos; document files; financial and medical records; and virtually everywhere a person has been.

On Tuesday, the Supreme Court will consider whether law enforcement officers during an arrest may search the contents of a person’s mobile phone without a warrant. The court should recognize that new technologies do not alter basic Fourth Amendment principles, and should require a judicial warrant in such circumstances. [..]

The Supreme Court has recognized the need to adapt to new technologies, as when it ruled that the government attaching a GPS tracking device to a private car was a Fourth Amendment search. For better or worse, mobile phones have become repositories of our daily lives, and will become only more powerful over time. As a rule, the police should have to get a warrant to search them.

Paul Krugman: High Plains Moochers

It is, in a way, too bad that Cliven Bundy – the rancher who became a right-wing hero after refusing to pay fees for grazing his animals on federal land, and bringing in armed men to support his defiance – has turned out to be a crude racist. Why? Because his ranting has given conservatives an easy out, a way to dissociate themselves from his actions without facing up to the terrible wrong turn their movement has taken.

For at the heart of the standoff was a perversion of the concept of freedom, which for too much of the right has come to mean the freedom of the wealthy to do whatever they want, without regard to the consequences for others. [..]

It’s true that some of the people profiting from implicit taxpayer subsidies manage, all the same, to convince themselves and others that they are rugged individualists. But they’re actually welfare queens of the purple sage.

Robert Kuttner: Share Economy or Bare Economy?

The digital economy has given us new ways to be both part time entrepreneurs and consumers, in what enthusiasts call the Share Economy. Have a spare room? You can rent it out to strangers via Airbnb.com — or use Airbnb to find cheap lodging. You’ll meet fascinating new friends, and most likely nothing bad will happen.

Do you need a taxi? Use Uber or Lyft to hail a passing driver and catch a ride for less than the cost of a cab. Or supplement your income by becoming that driver.

Want your car to bring in some income while it sits idle in your driveway? Rent it out via RelayRide.com.

Have some spare time to run errands? You can sign up to be as TaskRabbit, maybe for what works out to less than minimum wage. Or you can hire a TaskRabbit to clean your garage.

As they say over at CNN, is all of this a good thing or a bad thing? Well, it’s both.

Dave Johnson: Democrats Who Move Right Lose Elections — There Is No “Center”

Mainstream Democratic campaign consultants and pollsters typically tell candidates they should “move to the right” and campaign to the “center” with positions that are “between” the “left” and the “right.” This is the way, they say, to “attract swing voters” who would be “scared off” by a candidate who takes populist positions that favor the interests of the 99 percent over the interests of the 1 percent.

Polling and experience show that exactly the opposite might be true. [..]

Here is what is very important to understand about the “swing” vote: Few voters “switch.” That is the wrong lesson. There are not voters who “swing,” there are left voters and right voters who either show up and vote or do not show up and vote.

The lesson to learn: You have to deliver for and campaign to YOUR “base” voters or they don’t show up and vote for you. If Democrats don’t give regular, working people — the Democratic base — a reason to vote, then many of them won’t.

Malcolm Harris: The real reason Michael Bloomberg cares about guns

During Michael Bloomberg’s three terms as mayor of New York, he loved nothing more than to lord over the nation’s largest city. Now he’s just a normal civilian multibillionaire, sitting right below the prime minister of India on the Forbes list of the world’s most powerful people – a lowly position that is no doubt a source of immense personal disappointment. Short of patrolling New York’s parks in a spandex bodysuit to inflict vigilante justice on cigarette smokers and super-sized Slurpee drinkers, what’s a rich ex-mayor to do?

Luckily for Bloomberg, in American politics, controlling sublime amounts of capital is its own qualification, and lavishing it on pet issues counts as philanthropy. And this time, without an elected office to use for a pulpit, he’s going to need that money: After attacking tobacco and soda, Bloomberg is coming for guns. [..]

There’s no doubt America needs to curb gun use and possession. The question is, whose guns? There are 34,500 members of the NYPD, and in 2012 they fatally shot 16 people (pdf). That gives Bloomberg’s army a rate of over 46 shooting deaths per 100,000, killing people at a clip that dwarfs any civilian level in the country. To put it in perspective, Chicago – an American city known for gun violence – hit its peak murder rate of 34 per 100,000 in 1992. American law enforcement is increasingly militarized – as Radley Balko reports in his book “Rise of the Warrior Cop”: “Driven by martial rhetoric and the availability of military-style equipment – from bayonets and M-16 rifles to armored personnel carriers – American police forces have often adopted a mind-set previously reserved for the battlefield.” And this army takes a lot of prisoners: While gun violence has markedly declined following heightened crime in the ’90s, incarceration rates haven’t returned to earth, nearly quintupling since the early ’70s, making Americans the most imprisoned people in the world.

While Bloomberg is squaring up to spread fears about armed Mormon cattle ranchers gone wild, we should be more worried about guns in the hands of the police. To further his agenda, Bloomberg is counting on the public’s unwillingness to look beyond the flashiest proximate cause of surprise violence, as well as liberal stereotypes about rural Americans who own guns. But the biggest, most violently irresponsible gun owner in the country isn’t some left-wing caricature redneck or a deranged teen plotting a massacre from his basement. It’s the state.

Norman Solomon: Jerry Brown’s service to the gilded state

Forty months after returning to the governor’s office that he left in 1983, Jerry Brown is a media favorite and a hero to much of the California establishment. The present-day governor wins accolades as a highly skilled politician who has put the Golden State’s fiscal house in order while reviving its can-do spirit.

Brown deserves the gratitude of powerful economic elites. But for others, especially the powerless and vulnerable, it’s a very different story.

The governor insists on frugality in spending for social programs, while many millions of Californians continue to live in economic distress worsened by cutbacks in social services. Now instead of boosting aid, Brown wants to sock money away. Years of rising tax revenues have turned the state’s huge budget deficit into a surplus, and this week the legislature is in special session to answer Brown’s call for expansion of the state’s rainy-day fund. [..]

Now, from his lofty perch as governor of the nation’s most populous state, Brown is launching a re-election campaign that seems almost certain to succeed. He continues to operate with a high-octane blend of pragmatism and cynicism. The gist is a bottom-line assumption that principles should be malleable – and power from the grass roots must defer to power imposed from the top.

Brown is California’s leading prodigal son. He has returned to power redeemed by his worth to corporate forces dominating the state. The less fortunate will have to endure the grim consequences.