Author Archives: Michael Froomkin

“DeSantis Threatening Jail Time for Running Abortion Rights Ads in Florida”

Josh Marshall:

Florida has become the state where elements of a future, second-Trump-presidency America already come into view. We’re seeing some of these things happening right now in Florida. The example I’m about to share with you legitimately shocked me. (That’s a high bar.) It’s about the pro-choice ballot amendment which would restore Roe protections in Florida if it gets the support of 60% of voters. As in most other states, getting to 50% isn’t that difficult. 60% is much harder. To head off even the chance that the ballot initiative might hit that challenging high bar, the state of Florida is already spending a substantial amount of tax payer dollars campaigning against the initiative. Now we learn that the state is quite literally threatening jail time for the employees of stations that agree to run one of the ads for the pro-choice amendment. You heard that right — not sue under some claim of defamation but actual criminal charges.

[…]

Florida currently has a six-week abortion ban. The ad claims that the law endangers women who have a pressing medical need for an abortion and can’t get one in the state. The Florida State Department of Health, the agency threatening prosecution, says the law has exceptions for anyone in this situation. Technically, it does. If you’ve followed these cases, though, you’ll know it’s not that simple. The law can state an exception for the “life of the mother.” But just what kind of danger gets you into that category is never explained. What’s more, doctors are leery of acting on their interpretation of the law for fear they could be prosecuted for manslaughter or murder if the state disagrees. That’s a big risk. Put simply, the penumbra of legal jeopardy that hangs over these decisions frequently forces women to get perilously close to dying or actually go past the point they can be saved before doctors will treat them. We’ve seen versions of this story in red states around the country. It’s that issue. The state of Florida says that airing this ad, making that demonstrably accurate claim, is a criminal offense because it confuses women about state law and might lead them not to seek care.

To threaten this, the state’s lawyers shoehorn in a law that makes it a misdemeanor to create a public health nuisance — like maybe a blood bank dumping extra blood out on a public side walk or running a private salmonella hatchery in your backyard. That’s not a matter for lawsuits. In Florida, it’s a misdemeanor criminal offense. The state says agreeing to run that ad creates just such a public health nuisance.

This would pretty clearly never pass muster in court. But the station employees are being threatened with going to jail for 60 days. When you’re the one who might go to jail, confidence that a court will eventually toss the charges isn’t that reassuring. The First Amendment gives pretty ample protections even for demonstrably false claims, certainly in the realm of political speech. But what’s being claimed here is clearly accurate. If you were being as generous as possible to the state of Florida, you would still have to say that both sides of the factual dispute have a good-faith belief that their argument is correct. That’s a textbook example of a case where it’s precisely the political process which is the place to sort out the disagreement.

In a dire Trumpian future, you’re almost certainly not going to have an end to elections. They still have elections in Hungary, Turkey, even Russia. What you’d have is stuff like this, states acting as what amounts to an active belligerent in the political process by mobilizing state power.

It’s already happening in Florida.

I think this is a lot worse than a small handful of W.Va state legislators suggesting they should nullify the Presidential election unless Trump wins.

Posted in Florida | Comments Off on “DeSantis Threatening Jail Time for Running Abortion Rights Ads in Florida”

DeSantis Gets His Dukakis Moment

Unmistakable resemblance:

(For those too young to remember, I’m referring to the famous photo-op gone wrong.)

Posted in Florida | 1 Comment

Powerful Harris-Waltz Ad

 

Posted in 2024 Election, Uncategorized | Comments Off on Powerful Harris-Waltz Ad

Proof of Life

I’ve been spending lots and lots of time in ‘observation’ in hospital for something that never actually re-manifested.  I expect to be discharged to rehab Real Soon Now — maybe even today.  Meanwhile, as proof of life, I offer you three thoughts on your Miami-Dade ballot:

  1. The rule of law is on the ballot.  If you think this is overly dramatic, just see for example the NYT’s Why Legal Experts Are Worried About a Second Trump Presidency and the Washington Post article, As rioters stormed Capitol with Pence inside, Trump allegedly said ‘So what?. Vote accordingly.  Not just in the Presidential election but also federal legislative races where full MAGA and/or MAGA fellow travelers are also Putin’s useful idiots.
  2. Women’s right to bodily autonomy is on the ballot in two ways: In the Presidential and legislative elections (US Senate and House, and Florida legislature too), and also directly via Florida Constitutional Amendment 4.  Vote YES, both to establish some justice and also to stop the brain drain in the medical profession, and soon in younger knowledge workers, to states with more civilized policies.
  3. While you are at it, vote YES on Florida Constitutional Amendment 3 which would legalize possession of small amounts of marijuana. Enforcement of this prohibition is a joke except when it is outright racially biased.  The law needs to catch up to mores here.

More later maybe on other ballot issues….

Posted in 2024 Election, Florida | 3 Comments

We’ve Got to Stop Meeting Like This

Descending Aorta

The Dacron version is a actually a boring whitish color.

For the second year in a row, we celebrated our wedding anniversary in Houston.  The actual (35th!) anniversary was on Sunday, but we celebrated on Monday because we spent Sunday getting here.

This is not because either of us have developed a special fondness for Houston since our anniversary visit last year; rather, it’s more of the same: tomorrow, I will undergo hours of surgery, this time to replace my descending aortic valve with a fine piece of Dacron tubing. Although I am assured that the probability of success is very high, the negative side-effects, should they occur, are bracingly grim, including a 2% chance of paralysis.

Even in the best case, I’m likely to be sedated for a couple of days, and if experience is a guide, it may be several more days before I’m tracking at all well. Poor Caroline will have to navigate a series of rationed visiting hours in the revival room (bright lights in your face!) until I’m well enough to go to a regular hospital room.

The good news is that if all goes well, the medics assure me they will have now run out of aorta to replace: I have a metal aortic valve that was implanted in 2010 after my very fortunate survival from an emergency aortic dissection. Last year they did the arch, along with an “elephant trunk” to connect to the next piece; now they are doing the rest of it. That said, “there’s always the carotids,” as one humor-impaired medic joked when I first asked if there would be any aorta left to tinker with.

You might think – indeed, ordinarily I might think – that my life plans should include avoiding Houston as much as possible in the future.  Weirdly, though, I may be coming back to Houston regularly even if I remain in good health. David, my older son, will be starting as an Assistant Professor at the University of Houston this fall, and I gather I may be invited to visit him. I’ll look forward to that – except for on our anniversary.

Posted in Personal | 2 Comments

Maya Pines Froomkin 1928-2024

My mother, Maya Pines Froomkin, died yesterday morning. Like her, my brother Dan is a journalist, and he wrote this obituary:

Maya Pines Froomkin, an accomplished journalist and author who wrote with great clarity about complex topics in psychology, child development, brain research, and the medical sciences, died Sunday at age 96.

Writing as Maya Pines, she was the author of two acclaimed books: “Revolution in Learning: The Years From Birth to Six” in 1967, which made the case for greater intellectual stimulation for the nation’s young children; and “The Brain Changers” in 1973, about advances in brain research.

She also co-authored two books: “Health and Disease,” with scientist Rene Dubos in 1965; and “Retarded Children Can Be Helped,” with photographer Cornell Capa in 1957, which was the first book written about parents who advocated for their children with intellectual disabilities.

She had a long and celebrated career as a freelance writer for top publications, including Life Magazine, Harper’s, the New York Times Magazine, and the Washington Post Book Review. She was a staff writer at the New York Times in 1982, and was a contributing editor to Psychology Today in the mid-to-late 1980s.

She retired in 1998 after 11 years as senior science editor at the Howard Hughes Medical Institute, where she wrote and edited highly regarded booklets aimed at the general public describing enormous advances in the biomedical sciences, including human genetics, cell structure, and the senses. More than a million copies of those publications were distributed, many to high school and college classrooms.

Her particular gift was her ability to explore and understand complicated topics, and convey what she had learned in graceful but also utterly accessible language.

Maya Pines was born in Berlin in 1928 to Russian Jewish parents who soon fled Germany. She spent her childhood in Paris and then London. She and her London classmates were evacuated from the city in anticipation of Nazi air raids in September 1939. But because her family was awaiting a berth on a U.S-bound lend-lease ship, she returned to London and was one of the few children there during the Blitz itself, which began in August 1940. She and her family left for the U.S. in November 1940. The ship she traveled on was sunk by German U-boats on its return journey.

A precocious child, she briefly attended Forest Hills High School in Queens, N.Y., entered Barnard College at age 15, and graduated from the Columbia School of Journalism in 1949 at age 21.

Her first job was at the Women’s National News Service, which syndicated articles about and for women to newspapers across the country.

She began work as a reporter at Life Magazine in 1956, writing about psychology and culture for what was then the preeminent magazine in America. A prized photo taken at a glamorous Life cocktail party shows her standing next to photographer Gordon Parks and artist Salvador Dali.

She became a freelance writer after the birth of her first son in 1960, and developed a great interest in telling stories about overcoming adversity. She once wrote that her favorite magazine piece was one called “Superkids” that ran in Psychology Today in 1970, about why some children sail through the most horrendous difficulties without obvious damage. She found that one common attribute was that they had at least one adult who cared for them in a special way.

Another favorite article, published in the New York Times Magazine in 1965, was about the success of an “extraordinary learning device” called a “talking typewriter” – a long-ago precursor to modern educational software. She was a frequent contributor to the Times Magazine, where she also wrote about the brain, stuttering, and her family’s experiment with vegetarianism.

In 1982, she briefly covered the behavioral sciences beat for the New York Times until she realized, as she once explained, “that it required actually living in New York.” Her home was in Washington. Nevertheless, she published memorable articles in the Times about narcissism and John Hinckley.

Over the years, she wrote about how to pick a psychiatrist for Harper’s; about genetic profiling for Smithsonian; about anti-depressants for Cosmopolitan; about how children learn to talk for Redbook; about mental health for Vogue; about mammograms for Savvy; and about good foods for your brain for Reader’s Digest.

Her first name was the answer to a New York Times crossword puzzle in 1990: “Author Pines”.

Her husband of 59 years, the economist Joseph Froomkin, died in 2019. She is survived by two sons and three grandsons: Michael, a law professor at the University of Miami in Coral Gables, Fla.; Dan, an independent journalist and media critic in Washington D.C.; David; Benjamin; and Max.

Posted in Personal | 3 Comments