Entertaining Satan: Why We Tolerate Terrorist Incitement

Words are dangerous. That is why governments sometimes want to suppress speech. The law of free speech reflects a settled decision that, at the time that law was adopted, the dangers were worth tolerating. But people keep dreaming up nasty new things to do with speech. Recently, the Islamic State of Iraq and Syria (ISIS) and other terrorist organizations have employed a small army of Iagos on the internet to recruit new instruments of destruction. Some of what they have posted is protected speech under present First Amendment law. In response, scholars have suggested that there should be some new exception to the law of free speech. Thus far, no workable exception has been suggested

The time evolution of gaps in tidal streams

We model the time evolution of gaps in tidal streams caused by the impact of a dark matter subhalo, while both orbit a spherical gravitational potential. To this end, we make use of the simple behaviour of orbits in action-angle space. A gap effectively results from the divergence of two nearby orbits whose initial phase-space separation is, for very cold thin streams, largely given by the impulse induced by the subhalo. We find that in a spherical potential the size of a gap increases linearly with time for sufficiently long timescales. We have derived an analytic expression that shows how the growth rate depends on the mass of the perturbing subhalo, its scale and its relative velocity with respect to the stream. We have verified these scalings using N-body simulations and find excellent agreement. For example, a subhalo of mass 10^8 Msun directly impacting a very cold thin stream on an inclined orbit can induce a gap that may reach a size of several tens of kpc after a few Gyr. The gap size fluctuates importantly with phase on the orbit, and it is largest close to pericentre. This indicates that it may not be fully straightforward to invert the spectrum of gaps present in a stream to recover the mass spectrum of the subhalos.Comment: 4 pages, 4 figures, ApJ Letters in pres

One large blob and many streams frosting the nearby stellar halo in Gaia DR2

We explore the phase-space structure of nearby halo stars identified kinematically from Gaia DR2 data. We focus on their distribution in velocity and in "integrals of motion" space as well as on their photometric properties. Our sample of stars selected to be moving at a relative velocity of at least 210 km/s with respect to the Local Standard of Rest, contains an important contribution from the low rotational velocity tail of the disk(s). The $V_R$-distribution of these stars depicts a small asymmetry similar to that seen for the faster rotating thin disk stars near the Sun. We also identify a prominent, slightly retrograde "blob", which traces the metal-poor halo main sequence reported by Gaia Collaboration et al. (2018d). We also find many small clumps especially noticeable in the tails of the velocity distribution of the stars in our sample. Their HR diagrams disclose narrow sequences characteristic of simple stellar populations. This stream-frosting confirms predictions from cosmological simulations, namely that substructure is most apparent amongst the fastest moving stars, typically reflecting more recent accretion events.Comment: 5 pages, 5 figures, accepted for publication in ApJ

Romer v. Evans and Invidious Intent

In this Essay, Professor Koppelman argues that, notwithstanding numerous scholarly claims to the contrary, the Supreme Court\u27s decision in Romer v. Evans was based on the invalidated law\u27s impermissible purpose. Professor Koppelman examines the Court\u27s understanding of the Fourteenth Amendment, and concludes that its current doctrine is designed to ferret out unconstitutional intent. Such impermissible intent, Koppelman argues, was evident in the law challenged in Romer. Nonetheless, Koppelman acknowledges, Romer is a hard case, and its precedential significance is unclear, particularly in light of Bowers v. Hardwick, which upheld the constitutionality of laws against homosexual sodomy. Laws that facially disadvantage gays, he argues, will always reflect both impermissible prejudice and permissible moral judgements

Does Obscenity Cause Moral Harm?

This essay will reconsider the fundamentals of obscenity law: the harm that the law addresses and the means by which the law tries to prevent that harm. Strangely, even though an enormous amount of scholarship examines this doctrine, these fundamentals have not been adequately addressed. The harm that the doctrine seeks to prevent is not offense to unwilling viewers. It is not incitement to violence against women. It is not promotion of sexism. Rather, it is moral harm - a concept that modern scholarship finds hard to grasp. Liberals have not even understood the concept of moral harm, and so their arguments have often missed the point of the laws they were criticizing. Conservatives have understood the concept quite well, but have thought that it straightway entailed censorship. This essay is, to my knowledge, the first presentation of the liberal argument that does justice to the conservative case for censorship. I will argue that the concept is a coherent one and that obscenity law tries to prevent a genuine evil. But I will conclude that the law is too crude a tool for the task. A sound understanding of obscenity law\u27s ambitions reveals that the doctrine is unworkable and should be abandoned

Federal Child Care Funding for Low-Income Families: How Much Is Needed?

With reauthorization of the 1996 welfare reform law being debated, this paper looks at the Temporary Assistance for Needy Families block grant and the Child Care and Development Fund — key components of congressional proposals to set a dollar amount for government spending on child care. This issue brief provides background on current child care use, arrangements, and cost, as well as research findings on the measurement of quality in child care programs

Corruption of Religion and the Establishment Clause

Government neutrality toward religion is based on familiar considerations: the importance of avoiding religious conflict, alienation of religious minorities, and the danger that religious considerations will introduce a dangerous irrational dogmatism into politics and make democratic compromise more difficult. This paper explores one consideration, prominent at the time of the framing, that is often overlooked: the idea that religion can be corrupted by state involvement with it. This idea is friendly to religion but, precisely for that reason, is determined to keep the state away from religion. If the religion-protective argument for disestablishment is to be useful today, it cannot be adopted in the form in which it was understood in the 17th and 18th centuries, because in that form it is loaded with assumptions rooted in a particular variety of Protestant Christianity. Nonetheless, suitably revised, it provides a powerful reason for government, as a general matter, to keep its hands off religious doctrine. It offers the best explanation for many otherwise mysterious rules of Establishment Clause law