I’m sure you’ll agree that’s quite the statement from Motley Fool Co-Founder Tom Gardner.But since our US analyst team first recommended shares in this unique tech stock back in 2016, the value has soared.What’s more, we firmly believe there’s still plenty of upside in its future. In fact, even throughout the current coronavirus crisis, its performance has been beating Wall St expectations.And right now, we’re giving you a chance to discover exactly what has got our analysts all fired up about this niche industry phenomenon, in our FREE special report, A Top US Share From The Motley Fool. Peter Stephens | Monday, 2nd March, 2020 | More on: BHP TSCO Image source: Getty Images. Click here to claim your copy now — and we’ll tell you the name of this Top US Share… free of charge! Our 6 ‘Best Buys Now’ Shares The FTSE 100 has fallen by around 1,000 points since the start of the year. It’s experienced its third largest weekly fall on record, which highlights how significantly investor sentiment has weakened towards the prospects of its members.While further falls in the short run cannot be ruled out, the FTSE 100 appears to offer long-term growth potential. As such, now could be the right time to buy large-cap shares when they trade on low valuations.5G is here – and shares of this ‘sleeping giant’ could be a great way for you to potentially profit!According to one leading industry firm, the 5G boom could create a global industry worth US$12.3 TRILLION out of thin air…And if you click here we’ll show you something that could be key to unlocking 5G’s full potential…With that in mind, here are two shares that could be worth buying today and holding over the coming years.TescoThe recent trading update from Tesco (LSE: TSCO) showed the retailer has performed well despite experiencing challenging trading conditions. For example, it outperformed the wider supermarket segment in terms of volume and value of sales.It has also been able to improve the quality of its products and deliver higher customer satisfaction ratings over the past few years. This could strengthen its market position and improve its financial prospects. Alongside this, Tesco has become more innovative. For example, it’s using a greater amount of technology to reduce its costs, while features such as Clubcard Plus, which offer discounts to its customers, could resonate with shoppers at a time where sentiment is weak.Looking ahead, Tesco is forecast to post a rise in its net profit of 8% this year and 7% next year. They would represent a solid performance which is ahead of many of its segment peers. As such, while the company trades on a price-to-earnings (P/E) ratio of 12.8, it seems to offer good value for money and may be worth buying now for the long term.BHPThe FTSE 100 may have fallen by around 15% since the start of the year, but mining companies such as BHP (LSE: BHP) have been hit even harder by a weakening in investor sentiment. The diversified mining company has shed around 21% of its value since the start of the year, with its high degree of cyclicality counting against it during market corrections and downturns.In the short run, investors may maintain a cautious stance towards the resources sector. A global economic slowdown may cause commodity prices to fall, which could impact negatively on BHP’s financial performance.However, with the company having a solid balance sheet and a competitive position on costs relative to its peers, it could outperform the wider resources industry. Furthermore, it now trades on a P/E ratio of just 9.7 after its recent share price fall. This indicates it offers a wide margin of safety, and that there may be scope for a significant recovery over the coming years.As such, now could be the right time to buy it while investor sentiment towards the wider sector is weak. “This Stock Could Be Like Buying Amazon in 1997” Renowned stock-picker Mark Rogers and his analyst team at The Motley Fool UK have named 6 shares that they believe UK investors should consider buying NOW.So if you’re looking for more stock ideas to try and best position your portfolio today, then it might be a good day for you. Because we’re offering a full 33% off your first year of membership to our flagship share-tipping service, backed by our ‘no quibbles’ 30-day subscription fee refund guarantee. I’d invest £1k in these 2 FTSE 100 stocks after the index’s 1,000-point slump I would like to receive emails from you about product information and offers from The Fool and its business partners. Each of these emails will provide a link to unsubscribe from future emails. More information about how The Fool collects, stores, and handles personal data is available in its Privacy Statement. Simply click below to discover how you can take advantage of this. Enter Your Email Address Peter Stephens has no position in any of the shares mentioned. The Motley Fool UK has recommended Tesco. Views expressed on the companies mentioned in this article are those of the writer and therefore may differ from the official recommendations we make in our subscription services such as Share Advisor, Hidden Winners and Pro. Here at The Motley Fool we believe that considering a diverse range of insights makes us better investors. See all posts by Peter Stephens
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Nice article reminding us of those that gave the ultimate sacrifice for our country!! Michael Heaton May 26, 2018 at 9:45 am TAGSMemorial Daytheconversation.com Previous articleThe Apopka Progressive Senior Prom: Years of fun, a generation to rememberNext articleA grilling legend is returning to Apopka for your Memorial Day barbecue feast! Denise Connell RELATED ARTICLESMORE FROM AUTHOR Free webinar for job seekers on best interview answers, hosted by Goodwill June 11 Reply The Anatomy of Fear Share on Facebook Tweet on Twitter LEAVE A REPLY Cancel reply Support conservation and fish with NEW Florida specialty license plate You have entered an incorrect email address! Please enter your email address here By James Dubinsky, Associate Professor of English, Virginia Tech and first published on theconversation.com.Memorial Day, a national holiday to honor the 1.17 million men and women who have died to create and maintain the freedoms outlined in our Constitution, is not the only Memorial Day.The holiday emerged from the Civil War as a celebration almost exclusively for veterans of the Union Army to remember those who had died. Veterans and their families from Confederate states held their own celebrations. Thus, it remains fraught with conflict and ambiguity.In 2017, seven states – Alabama, Florida, Georgia, Mississippi, South Carolina, Texas and Virginia – chose to also celebrate some form of Confederate Memorial Day. It’s usually celebrated on April 26 – the day associated with the surrender of General Joe Johnston, nine days after General Robert E. Lee’s surrender at Appomattox at the end of the Civil War.How can we overcome these deep divides?Having served 28 years in the U.S. Army and as a teacher and researcher who studies the roles veterans and their family play in society, I believe poems written by veterans that focus on honoring those who have died may give us a clue.Bridging divisionsThe tension between North and South remains. We see it not only on days dedicated to remembrance. It surfaces daily as communities such as New Orleans wrestle with whether or not to keep memorial statues honoring Confederate leaders like Robert E. Lee.Seaman Daniel Odoi of the Navy Operational Support Center of New York City presents the American flag on Memorial Day 2013. AP Photo/John MinchilloOne poet who does not ignore these divides is Yusef Komunyakaa, an Army veteran who served in Vietnam from 1969 to 1970 and earned a Bronze Star. He is now a professor at New York University.In “Facing It,” a poem about visiting the Vietnam War Memorial, Komunyakaa, an African-American, confronts the wall and issues linked to war and race. He writes:“My black face fades / hiding inside the black granite.”But he is also a veteran honoring those who died; he is balancing the pain of loss with the guilt of not being a name on the wall:“I go down the 58,022 names, / half-expecting to find / my own in letters like smoke. / I touch the name Andrew Johnson; / I see the booby trap’s white flash.”The poem ends with two powerful images that offer a glimmer of hope:“A white vet’s image floats / closer to me, then his pale eyes / look through mine. I’m a window. / He’s lost his right arm / inside the stone. In the black mirror / a woman’s trying to erase names: / No, she’s brushing a boy’s hair.”The image of the speaker becoming a “window” addresses how two vets, one white and one black, bridge the racial divide and become linked through shared acts of sacrifice and remembrance. Yet even with such a positive affirming metaphor, the speaker’s mind and heart are not fully at ease.The next image creates dissonance and worry: Will the names be erased? The concluding line relieves that worry – the names are not being erased. More importantly, the final image of a simple act of caring calls to mind the sacrifices made to protect women and children by those whose names are on the wall. As a result, their image in the stone becomes a living memorial.Memory and reflectionWe can also learn from Brock Jones, an Army veteran who served three tours of duty in Iraq and one in Afghanistan. He named his award-winning book “Cenotaph,” the name for a tomb to honor those whose graves lie elsewhere. By using the name of a monument for those not present, a monument with historical ties to ancient Greece and Egypt as well as our own culture, Brock highlights how honoring the dead goes beyond culture and country.Jones’ poems do not focus outward toward social strife, but inward. They address language’s inability to capture or express loss linked to memories of war. They also point to how those remaining alive, particularly those who have not served, might come to understand the depth of the sacrifice expressed by memorials and, by extension, Memorial Day.In “Arkansas,” a poem that takes place at the Arkansas pillar, one of 56 pillars at the National WWII Memorial in Washington, D.C., the speaker remembers a journey with his grandfather:“Dead eight years ago this summer / to the Atlantic pavilion engraved / with foreign names he never forgot. / Bastogne. / Yeah, we was there. / St. Marie Eglise. / We was near there.”The poem ends with the grandfather described as “a hunched figure, in front of ARKANSAS. Still, in front of ARKANSAS.” The grandfather is burdened by memories he carries, memories that render him “still” (motionless), memories that will remain with him “still.”“Memorial from a Park Bench” offers a broader perspective, one that any visitor sitting on a bench in front of a memorial might experience. For the visitor, the memorial becomes “an opened book,” a place where “A word loses its ability to conjure/trapped inside a black mirror.”The words are “names,” which “could be lines / of poems or a grocery list. / They could be just lines.” But they are not “just lines.”At poem’s end, when all is contemplated, “Here are names and black stone / and your only reflection.”Jones shifts the emotional and intellectual burden from the person on the bench to the poem’s readers, and thus to broader society. These words cannot be just lines or lists; they become, by being memorialized in a black stone, a “mirror,” the reader’s and thus society’s “reflection.” All on the bench are implicated; the names died for us, and, as a result, are us.Memorial Day and mindfulnessMemorial Day may have “official” roots honoring Union dead, but veteran poets of recent wars serving the United States have found ways to honor all those who have died in battle.Our country may be divided, but by taking a moment to pause and reflect on names etched on monument walls or gravestones, everyone on benches may see their own reflections, and in so doing further the task President Abraham Lincoln outlined in his 1865 Second Inaugural Address “to bind up the nation’s wounds…to do all which may achieve and cherish a just and lasting peace among ourselves and with all nations.”By being mindful, we might understand what Robert Dana, a WWII vet wrote in “At the Vietnam War Memorial in Washington, D.C.”: that “These lives once theirs / are now ours.” Please enter your comment! 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Projects Photographs Manufacturers: AutoDesk, Clayworks, Farrow and Ball, Josko, Nemetschek, Lamlux, Lubelska, Mosa, Sto ltd, Tribus, Wienerburger United Kingdom CopyHouses•United Kingdom Goulden and Sons Save this picture!© Jim Stephenson+ 26Curated by Paula Pintos Share Architects: McLean Quinlan Area Area of this architecture project 2018 “COPY” Clients:Mr and Mrs DuttEngineering:Tribus, Airey and ColesLandscape:ClientCountry:United KingdomMore SpecsLess SpecsSave this picture!© Jim StephensonRecommended ProductsWindowsAccoyaAccoya® Windows and DoorsWindowsRabel Aluminium SystemsMinimal Casement Windows – Rabel 8400 Slim Super Thermal PlusWoodEGGERLaminatesFiber Cements / CementsRieder GroupFacade Panels – concrete skinText description provided by the architects. Planning for this project was won under Paragraph 79, the Country House Clause, with a design taking inspiration from the surroundings. The overall design is simple and clean. An elegant brick front complements the brickwork of the of garden wall and a discrete front door opening references the gate in the garden wall. Further down, an oriel window breaks through, hinting at what is behind.Save this picture!© Jim StephensonElsewhere, external surfaces are dark render, designed to recede visually in deference to the surrounding garden. Tucked within, the house has a glass roofed courtyard at its center, a winter garden flooding light into the interior. Spaces are arranged around this central core so the building functions both as a home and a gallery for our clients, great collectors of pottery and art, with spaces to display and curate. Comfortable and serene interior spaces are punctuated with tactile and textured materials: reclaimed terracotta, rough sawn oak and clay plaster, to ensure that internally the building feels connected to the garden that inspired it.Save this picture!© Jim StephensonSave this picture!Ground floor planSave this picture!© Jim StephensonThe footprint and walls of the original garden inform the design of the house, the landscape is replanted, and historic paths have been re-established. The house is certified Passivhaus, and includes air source heating, MVHR, solar power, battery storage, super-insulation and triple-glazing throughout, to provide over 100% of required energy.Save this picture!© Jim StephensonProject gallerySee allShow lessCovid-19 Community Memorial Design CompetitionIdeasTiny House Made from Recycled Materials Begins Construction in BaliArchitecture News Share Area: 388 m² Year Completion year of this architecture project Contractor: Photographs: Jim Stephenson Manufacturers Brands with products used in this architecture project ArchDaily ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/944862/devon-passivhaus-mclean-quinlan Clipboard Houses M&E: Devon Passivhaus / McLean Quinlan Hosken Parks Devon Passivhaus / McLean QuinlanSave this projectSaveDevon Passivhaus / McLean Quinlan Year: Warm ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/944862/devon-passivhaus-mclean-quinlan Clipboard “COPY” QS: CopyAbout this officeMcLean QuinlanOfficeFollow#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesOn FacebookUnited KingdomPublished on August 05, 2020Cite: “Devon Passivhaus / McLean Quinlan” 05 Aug 2020. ArchDaily. Accessed 10 Jun 2021.
About Melanie May Melanie May is a journalist and copywriter specialising in writing both for and about the charity and marketing services sectors since 2001. She can be reached via www.thepurplepim.com. Tagged with: legacies legacy fundraising Research / statistics 128 total views, 2 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis4 AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis4 Melanie May | 28 September 2017 | News “These potential scenarios from Legacy Foresight are hugely insightful and will help charities to plan for a range of eventualities as the impact of Brexit unfolds. While there might be little the sector can do to influence the wider economy, we can however continue to work together to grow legacy income by normalising charitable giving in Wills. Only by helping charities make more noise about legacies and their impact, can we ensure that legacy giving will become an even more important income stream to the sector for decades to come.” 127 total views, 1 views today Legacy income is expected to rise 2.7% over the next five years, to reach £3.26bn by 2021, according to Legacy Foresight’s latest market forecast.Overall, Legacy Foresight predicts that legacy market growth will be considerably slower than in the five years leading up to the Brexit referendum when annual growth rates averaged 6.5% p.a. After taking into account rising inflation, growth in real terms will be less than 1% p.a, it suggests.Due to the uncertainty surrounding Brexit, Legacy Foresight has produced a range of market forecasts for the next five-year period, from pessimistic to optimistic, based on alternative economic scenarios.While the central scenario predicts 2.7% p.a. market growth over the next five years, the pessimistic scenario, which assumes a ‘poor’ Brexit deal, suggests lower growth of 0.9% p.a. At the other end of the spectrum, the optimistic scenario – which assumes a far better Brexit deal and a better economic performance than in the central scenario – suggests 4.2% p.a. market growth.Based on this analysis, a ‘poor’ Brexit deal could result in UK legacy income being £500m lower in 2021 than if Britain negotiates a ‘very good’ Brexit deal, with Legacy Foresight predicting that a ‘poor’ Brexit will cost the sector £1.5bn in cumulative legacy income over the next five years, compared to a ‘very good’ Brexit.Chris Farmelo, Director at Legacy Foresight said:“The good news is that we do not expect to see a return to the situation following the global financial crisis in 2008 when sector incomes fell and then stagnated. In fact, the number of bequests received by UK charities is predicted to rise over the coming years, due to the climbing death rate.”“However, the value of those bequests will grow much more slowly than of late, due to the uncertain economic situation. From 2017 to 2021 the average residual bequest (now worth around £46,600*) will grow by just 1.3% p.a., compared to 2.8% p.a. over the five years 2012 to 2016”.Rob Cope, Director of Remember A Charity said: Advertisement Legacy income forecast predicts rise to £3.26bn by 2021
The racist, misogynistic massacre of eight massage parlor workers — six Asian, all women — immediately prompted strong statements from organized labor.Majority union crowd at Harlem rally, March 20. WW PHOTO: Toni Arenstein“Hate is hate. White supremacy is white supremacy,” the California Labor Federation tweeted. “Calling it anything else just perpetuates the structural racism that puts far too many workers at grave risk every day. Just for trying to earn a living.”“The fact that these women were targeted at their jobs speaks to the misogyny and systemic, racist attacks Asian Americans are increasingly facing every day,” tweeted AFL-CIO Secretary-Treasurer Liz Shuler. Federation President Rich Trumka said the murders “reinforce that we all must continue to fight against anti-Asian racism in all forms.”Other unions called on members to take action. “To dismantle white supremacy, we must do what the labor movement exists to do — and that is to show up, organize, and build the infrastructure to ensure our siblings and community members are protected,” UNITE HERE President D. Taylor said March 17. (tinyurl.com/yglqgn4a)“As union members and activists, we have the responsibility to prevent the spread of violence and hate and stand in solidarity with Asian American communities. As we mourn those who were lost to violence, we continue our efforts to build an anti-racist union so that we can stand united against the true enemies of the working class,” stated the Communication Workers (CWA) March 18. (tinyurl.com/ye7y438f)Additional statements were released by U.S. Labor Against War, Boston Teachers Union, Pacific Northwest Newspaper Guild (CWA) and other labor groups.It is very important for unions to unequivocally condemn white supremacy and misogyny — and anti-LGBTQ2S+ bigotry, ableism, xenophobia and Islamophobia — by name. It means challenging their own union members who display prejudice and bigotry against oppressed workers — and pushing back against the bosses who use hatred to divide the working class.But unions need to go further and actually organize their members to defend working-class communities who are the targets of hate crimes. FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare this
News News SomaliaAfrica Follow the news on Somalia March 2, 2021 Find out more Mohamed Hudeyfi and Hussein Mohamed Gheedi, two journalists working for Banadir Radio, were released on 2 July following intervention by the information minister of the Transitional National Government (TNG). They had been arrested on 30 June on a warrant issued by the Mogadishu city hall.————————————-2 July 2003Transition government arrests two journalists in MogadishuReporters Without Borders today called for the release of two radio journalists, Abdurahman Mohamed Hudeyfi and Hussein Mohamed Gheedi, who have held for the past two days by the Mogadishu police.Their families said they were detained on the night of 30 June and taken to detention centre in the capital. They appear not to have been charged but their employer, Ali Dhagweyn, the director of privately-owned Banadir Radio, said they had been arrested “for exercising their right to inform the public, guaranteed by article 19 of the Universal Declaration of Human Rights.” Reporters Without Borders called on the president of the Transitional National Government (TNG), Abdulkasim Salat Hassan, to explain the arrests and release the two journalists if they were being held just for doing their job. Stressing that the news media have a key role to play in Somalia’s reconstruction, the organisation warned that the transitional government would be acting against its own aims if it arrested journalists and violated press freedom.Banadir Radio recently carried several reports about embezzlement within the Mogadishu town hall. The radio station also implicated influential businessmen in illegal land purchases.The news media and journalists are regularly targeted in Somalia, by both the authorities and the warlords who control parts of the country. Mogadishu has several privately-owned newspapers, as well as radio and TV stations. News Help by sharing this information January 8, 2021 Find out more Organisation RSF requests urgent adoption of moratorium on arrests of journalists RSF and NUSOJ call for release of a journalist held in Somalia’s Puntland region News to go further Receive email alerts Radio reporter gunned on city street in central Somalia February 24, 2021 Find out more July 4, 2003 – Updated on January 20, 2016 Two journalists released after two days in detention RSF_en SomaliaAfrica
Cross border investigation continues following Strabane stabbings LUH system challenged by however, work to reduce risk to patients ongoing – Dr Hamilton Dail hears questions over design, funding and operation of Mica redress scheme RELATED ARTICLESMORE FROM AUTHOR Twitter Pinterest WhatsApp Twitter Pinterest News WhatsApp Google+ A cross border investigation is continuing this morning following an incident in Strabane on St Patrick’s Night in which four men were stabbed.Three men remain in a serious, but non-life threatening condition in Altnagelvin Hospital following the incident outside Joes Bar in Abercorn Square.It’s believed their attackers fled across the border into Donegal.The men who are still in hospital are the bar owner, and two brothers in their twenties.The 26-year-old had to recieved 200 stitches after being slashed from his shoulder down to his waist, while his 28-year-old man recieved wounds and inch deep.The owner of the bar recieved a deep stab wound to his hand.It’s understood the incident happened, after a group of up to twenty people were turned away from the bar, as it was already too packed.The group then tried to force their way into the bar, and that’s when the fracas broke out.Police on both sides of the border are trying to track down the group of men, who are believed to have crossed the border into Donegal shortly after the incident. Google+ Need for issues with Mica redress scheme to be addressed raised in Seanad also Facebook Minister McConalogue says he is working to improve fishing quota By News Highland – March 19, 2011 Previous article15 year old Derry youth assaulted on Foyle RoadNext articleWW1 Irish dead to be commemorated at Letterkenny Service News Highland Facebook 70% of Cllrs nationwide threatened, harassed and intimidated over past 3 years – Report Almost 10,000 appointments cancelled in Saolta Hospital Group this week
ColumnsA Marketplace Of Wobbly ideas: How The Supreme Court Came To Use A Cold War-Era Invention Shantanu Singh11 Dec 2020 4:53 AMShare This – x”We have been cocksure of many things that were not so.” – Oliver W. Holmes Thanks to wide reportage across social media and here, it is well known that the Supreme Court is currently hearing a petition against Sudarshan TV’s controversial show. To wit, the channel alleges that a religious cabal funds, deceives, and achieves way beyond its means and measures in the…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?Login”We have been cocksure of many things that were not so.” – Oliver W. Holmes Thanks to wide reportage across social media and here, it is well known that the Supreme Court is currently hearing a petition against Sudarshan TV’s controversial show. To wit, the channel alleges that a religious cabal funds, deceives, and achieves way beyond its means and measures in the country’s civil services examination. Their calculations suggest that a conspiracy is afoot and its international roots threaten to rupture national security. Accordingly, they have inclined themselves to dig in with their investigative teeth. Sub-judice as it is, the Supreme Court will eventually decide the matter as and once it has been heard. Nevertheless, what caught my eye was the use of a certain phrase – ‘the marketplace of ideas’– during the course of the hearings. First, on 15 September, Gautam Bhatia, appearing for the interveners, invoked the ‘marketplace of ideas’ metaphor to draw the sensibilities of the Bench to the harm that hateful speech can cause. Then, on 18 September, the bench, while hearing the channel’s lawyer, sent out a clarion call: ‘let the marketplace of ideas flourish in India’. While one hopes that the call was intended to resonate far beyond Court No. 4 – given the state of dissent and dissidents in India, the appeal to the marketplace metaphor could hardly come as surprise. The marketplace metaphor enjoys wide employ in the First Amendment (protecting free speech) jurisprudence of the US Supreme Court. Indeed, for W.W. Hopkins – who has analysed the use of the marketplace metaphor in US Supreme Court opinions between 1919 to 1995, ‘no metaphor is more deeply entrenched’ in First Amendment opinions than the marketplace metaphor. The marketplace theory behind the metaphor is quite simple: in public free speech, if ideas are allowed to enjoy unfettered competition then truth is bound to emerge from this competition. This belief is seeped deep into the First Amendment jurisprudence and is a reason why American courts often (but inconsistently) hold to protect false (‘valueless’) speech – presuming that the self-correcting threshing of the marketplace would always lead towards truth. The theory eschews any monopoly or control over ideas and appreciates diversity against the imposition of any authoritative truth. This obviously does not mean that all speech is absolutely protected. Obscenity, for one, is without protection. Similarly, ‘fighting’ words do not attract the protection since ‘social interest in order and morality’ outweighs the ‘social value’ (truth value) of these words. But tensions do exist for the marketplace theory. Take the example of hateful speech. The 2017 de-platforming of far-right polemicists at UC Berkeley tested the very limits of free speech – could protesters stop them from speaking at events because of their hateful views? First Amendment scholar Erwin Chemerinsky kept consistent with court rulings in writing that hate speech was well protected. Others, however, were far more dismantling in exposing the ‘myth of the marketplace’. Today, denouncements of the theory are common – just last month, the New York Times Magazine featured a piece which partly blamed the theory’s central assumptions for the rise of misinformation. Yet for a term that has come to dominate how we imagine free speech to operate, the term ‘marketplace of ideas’ has an amusing past. It owes its birth neither to flamboyant judicial writing nor can it be found in the works of Liberalism’s greatest. In fact, the precise metaphor is a relatively recent invention and has come to gain a democratic patina due to its employment in the ideological warfare of the Cold War era. Against an absolute Holmes The supposed genesis of the metaphor, it is told, lies in Oliver Wendell Holmes’ dissent in Abrams v. United States. As the Wilson administration plotted to intervene in Russia, Russian anarchist Jacob Abrams was tried along with a few other radicals for the crime of distributing anti-war pamphlets which flew in the face of the interventionist policy. While the Court ruled 7-2 that their revolutionary acts were not protected by the First Amendment, Holmes’ dissent gave us a passage which is often termed a masterpiece: But when men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas – that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out. That, at any rate, is the theory of our Constitution. To Holmes, this ‘theory’ was an experiment, ‘as all of life is an experiment’. It is also quite clear that while he is welcoming it, the exact ‘marketplace of ideas’ metaphor is absent from Holmes’ aphoristic writing. Yet citations to the Abrams dissent, to the point where the metaphor has been attributed to Holmes, can be found in many Supreme Court opinions and academic articles. Since this marketplace theory is built on Holmes’ unique understanding of the First Amendment, a lot about it comes to depend upon what he understood and assumed of the ‘free trade in ideas’ and of truth itself. For this, it is perhaps worth revisiting Holmes’ views. While Alschuler provides a sharp take on Holmes in his book ‘Law Without Values’, a less critical account can be found in Vincent Blasi’s article about Holmes and the marketplace metaphor. Both authors note how deeply Holmes was influenced by the ideas of war, contest, survival and the writings of Thomas Malthus and Herbert Spencer – two fixtures of Darwinist thinking. While Blasi is dismissive of the idea that a vulgar Social Darwinism a la ‘survival of the fittest’ – a phrase coined by Spencer – influenced Holmes’ affinity for the ‘competition of the market’, John Durham Peters disagrees: Holmes liked this competition because it ‘was dangerous and brutal and could eat people alive’. Michael Duggan’s views fall somewhere in between. For him, Holmes has a naturalist evolutionary philosophy but his approach is far more gradualist than Peters would have us think. He argues, that the marketplace provides a ‘social arena for ideational evolution’ where law takes a civilizing role and maintains fairness via rules. Alternatively, for Blasi, there is a total theory in Holmes’ but it has nothing to do with the ‘equilibrium-seeking mechanics of neoclassical economics. Broadly, Blasi suggests that we see it as a theory which accepts the historical importance of change and the existence of many truths – a pluralism of choices against the ‘transactional precision of the market’. However, what these ‘truths’ are is anyone’s guess. Blasi, Duggan and Peters are all right to be alarmed by Holmes’ ‘irreverent’ and almost nihilistic attitude towards truth. For Peters, Holmes ‘had no substantive conception of truth’ at all. Even at this early stage, we are running into obvious problems. Holmes’ free speech theory – if there is one – is perhaps built on quite a radical epistemology and makes far-reaching assumptions about its working parts. Lacking clarity or exposition at its roots, it does appear that the marketplace theory is built on a very wobbly foundation. Nevertheless, since Holmes does not name it and we are primarily concerned with its origins, what has given such a vibrant life to the ‘marketplace of ideas’ metaphor? ‘If we are true to our traditions…’: The making of a Cold War metaphor Peters’ philological study cannot find the precise term in the works of jurists Louis Brandeis or Learned Hand. It is also not to be found in the works of First Amendment scholar Zechariah Chaffee, whose often vigorous defence of free speech led Joseph McCarthy to name him in a list of those ‘most dangerous’ to America. Instead, Peters and Blasi trace the earliest use of the exact phrase to a letter sent by a David Newbold to the New York Times in 1935. Newbold lamented the party politics of the Republican convention and his exact use of the metaphor had nothing interesting to say as such. Beyond another such isolated use of the metaphor in 1939, Peters’ study of the New York Times database shows that a more refined and teleological use of the metaphor only begins with the start of the Cold War era. The American Communist Party, feeling the heat of the simmering McCarthyism, took to the phrase in 1948 as they sought a chance ‘to compete fairly in the marketplace of ideas’ and be judged ‘on merit’ alone. As McCarthyist policies swept in to root out communism from America, the metaphor came to be used by civil libertarians such as Norman Thomas and Supreme Court Justice William O. Douglas. Douglas’ 1952 essay ‘Black Silence of Fear’ was published in the New York Times at a time when McCarthyism was at its peak. If we ignore the underlying exceptionalism of his writing, Douglas’ essay is a reflection on how McCarthyism was jettisoning a ‘philosophy of strength through free speech’ for a ‘philosophy of fear through repression’ – an aspect that Douglas is quick to measure against the Soviet Union. He deplored this march towards conformity and issued a stirring call: ‘If we are true to our traditions, if we are tolerant of a whole market place of ideas, we will always be strong’. Douglas would then go on to give legal currency to the marketplace metaphor for the first time in a 1953 Supreme Court opinion. But it is Douglas’ essay that interests me more. Through its lens, we are able to see the two ways of how the metaphor was being used. First, the civil libertarians employed the metaphor to argue against McCarthyite policies and for the reintegration of dissent into the democratic structure. Second, the essay is an excellent introduction to how the Cold War was persistently being fought through ideological subtleties: showcasing freedom against repression, a ‘marketplace of ideas’ against the conformism to diktats and so on. It is a trope that is all too visible in Peters’ analysis of the Times’ archives as well. From deriding Marxism’s ability to compete in the ‘marketplace of ideas’ to juxtaposing the ‘mass narcotic’ essence of Soviet journalism with the ‘real market place of ideas’ that was American journalism, the metaphor’s metamorphosis into a signifier and the lodestar of the democratic free world against the authoritarian USSR seemed quite natural given the political environment. This dominance during the Cold War era was not simply projected outwards. Internally, the ‘marketplace of ideas’ was attracted to almost every aspect of the daily American’s life in the Times’ columns: marketing, politics, religion, sales and education, all were under its spell. The 1970s and 80s proved to be periods of unparalleled glory for the marketplace metaphor. A similar narrative appears if we turn to Peters’ analysis of Supreme Court opinions during the Cold War era. In the 1950s and 60s, there were a total of only 6 references to the marketplace metaphor. In opinions published from 1970 onwards, these references bloomed remarkably: 15 in the 1970s; 22 in the 1980s; and 14 in the 1990s. Peters’ larger conclusion is almost heretical here: it would appear that it was the New York Times, and not the Supreme Court, which first coined and then cultivated the marketplace metaphor. Only subsequently did the metaphor find legal consecration in the Supreme Court’s free speech jurisprudence and become the raison d’etre of the First Amendment. The ‘fighting faith’ of a theory If considered sincerely, the marketplace theory rests on many internal assumptions: rational individuals, temporal validity and singularity of truth, ideas as consumer goods and individual as a consumer, an individualistic conception of truth, that competition will always offer to us the best truth, and that in protecting the marketplace of ideas, courts engender diversity of thought. At the same time, the marketplace is blind to and hides from us forces such as capital and ideology. Capital operates in silence when it chooses the profitability or the commercial value (especially in the publication business) of an idea over other values (say, the ‘truth value’ of an idea). A knock-on effect of the latter may be that sensationalist, rousing or hateful speech may masquerade as ideas in the marketplace. Ideology is by far the most unique: an all-encompassing totality that can offer an illusion of diversity to the individual subject in the marketplace of ideas, when in reality there may not be any difference among the choices offered. In other words, what ideology offers to us in this ‘marketplace of ideas’ is an unfreedom that we solemnly (and personally) accept and experience as freedom. Another reading may consider how the appeal of the marketplace metaphor has been sustained and kept alive through pure ventilation only: living not due to its ‘theoretical’ appeal or legal legitimacy but the philosophy – of individualizing truth and competition – that it shares with Neoliberalism, the social and political engine of our times. Thankfully, sincerity is only on offer for sincere theories. It is quite possible that we are dealing with a concatenation of ghosts. With the end of the Cold War, the metaphor has become an emblematic feature of democracies across the world. Global flow of capital and information has ensured that jurisprudential concepts have flown too. From such time onwards, we can trace references to the ‘marketplace of ideas’ in court opinions from Canada, South Africa, the United Kingdom, India, Sri Lanka, Uganda, Bangladesh, Zambia, Zimbabwe – Kenya has even incorporated it into a regulatory legislation. A truly transnational oratorio! Today, a number of newspaper and magazine articles traverse the same path when they retroject the marketplace theory into the works of John Milton, John Stuart Mill, Adam Smith and so on without worrying about the quite obvious tension that such retrojection brings to their thought. Attributing Holmes for framing this theory of free speech is not free from its own tensions as well. Holmes is a complex and troubling figure whose often cryptic and aphoristic writings can make it a notoriously difficult task to draw out any clear conclusions, let alone proper theories. In crediting him, we are accepting a very radical faith in how public free speech operates. On top of this faith, American courts have shaped an almost inconsistent theory of free speech where they evaluate speech to measure or weigh against countervailing interests. Clearly, Justice Learned Hand was speaking about this very committed faithfulness of the courts when he wrote that despite all the criticism that this First Amendment ‘theory’ faces, ‘we have staked upon it our all’. How wrong was Holmes to even think that time defeats fighting faiths. Views are personal.(Author was formerly a Research Assistant to Professor Charles Jalloh, who is a member of the International Law Commission)  Miller v. California, 413 U.S. 15 (1973)  Chaplinsky v. New Hampshire, 315 U.S. 568 (1942) 572.  Abrams v. United States, 250 U.S. 616 (1919) 630.  United States v. Rumely, 345 U.S. 41 (1953) 56.  Bruno Amable, ‘Morals and politics in the ideology of neoliberalism’ (2010) 9(1) Socio-Economic Rev 3.  Kenya Information and Communications Act, 1998.  United States v. Associated Press, 52 F. Supp. 362 (S.D.N.Y. 1943) 372. Next Story
Comments are closed. Previous Article Next Article Council’s HR team fights to stop strike actionOn 21 Oct 2003 in Personnel Today Hackney Council’s HR team has hit the streets to combat the threat of strikeaction over new contracts for street cleaning staff. The GMB, T&G and Unison unions have accused the local authority ofthreatening to fire their refuse and street cleaning workforce if they fail toaccept new pay and conditions, and the unions are now threatening industrialaction. To address these concerns, the council’s HR team has gone on ‘road shows’ tothe cleaning depot to speak to on-duty staff on a one-to-one basis. Terry McDougall, assistant chief executive of HR at Hackney, said:”Employees are more comfortable speaking with HR representatives personallyand at the same time it allows the team to listen to individual concerns moreeffectively.” As a result of this approach, she said 55 out of the 73 street sweepers inthe borough have now accepted the new terms. The unions are to ballot more than 270 staff for strike action, and claimthat new contracts will cut wages by up to £60 a week, with failure to acceptnew terms resulting in workers being fired on the 23 December. Unison representative, Eddy Coulson said: “Throwing loyal staff on thedole is some Christmas present and is not something we will allow tohappen.” McDougall said the changes were standard ‘terminate and re-engage’contracts, which brought the refuse service in line with other councilservices. She said the union line was “harsh, emotive andregrettable”. Related posts:No related photos.