text:
Heino Gehrts (* 9. Juni 1913 in Hamburg; † 10. Oktober 1998 in Alt Mölln) war ein deutscher Märchen-, Mythen- und Sagenforscher, der sich im Zusammenhang mit dieser Tätigkeit auch mit den Phänomenen des Somnambulismus (Hellschlafes) und der Besessenheit sowie dem Themenkomplex der Spuk-, Geister- und Totenerscheinungen auseinandersetzte.

Leben
Heino Gehrts besuchte die Oberrealschule auf der Ulenhorst in Hamburg, machte 1933 das Abitur und studierte danach sechs Semester Chemie an der Universität Hamburg. Danach wechselte er die Studienfächer und studierte Philosophie, Germanistik und als Nebenfach Physik.

Bei Kriegsausbruch wurde Heino Gehrts eingezogen, aber vorerst für die Examensarbeit "Ewigkeit und Tod im Lebensgefühl Jean Pauls" wieder freigestellt, die er 1939 ablegte.

Als Soldat (Funker bei der Infanterie) führte ihn der Weg von Frankreich über Russland nach Italien. Seinem Einsatz in einer Turkestanerkompanie verdankte er Einsichten in das Wesen asiatischer Völkergruppen, die ihm später bei seiner Arbeit am Märchen hilfreich wurden.

In Italien geriet er 1944 als Unteroffizier in Kriegsgefangenschaft und wurde nach Arizona gebracht. Im Herbst 1947 wurde er über England aus der Kriegsgefangenschaft entlassen.

In der Zeit danach entstanden Kurzgeschichten sowie Übersetzungen aus dem Englischen, die in Zeitschriften und Zeitungen erschienen. Später arbeitete er als freier Schriftsteller.

In den fünfziger Jahren lernte er, wohl im Amerika-Haus in Hamburg, die englische Lebensbeschreibung des Hopi-Indianerhäuptlings Don C. Talayesva kennen. Er übersetzte das Buch ins Deutsche und vertiefte sich dabei in die Mythen und Riten der Hopi-Indianer. Das war der Anfang seiner Jahrzehnte währenden Bemühungen um das Wesen des Schamanentums.

Ein Aufenthalt im Hohenlohischen 1958 ließ ihn eine ungebrochene mündliche Überlieferung über eine Geistererscheinung (um etwa 1831) in einer bäuerlichen Familie entdecken. Die Bearbeitung dieser Überlieferung, der dazugehörenden Tagebücher, Akten und dergleichen ergab das Buch "Das Mädchen von Orlach" und die eingehende Beschäftigung mit Justinus Kerner und seiner Zeit.

Damit begann wohl der Weg, der Heino Gehrts zu der Erkenntnis von erstaunlichen "Entsprechungen von Märchenaussagen und archaischen Erlebniszuständen" und zur "schamanistischen Märchenforschung" führte. Sein Forschungsgegenstand war die besondere Wirklichkeit der Zaubermärchen.
Mit den Jahren fand er in der Europäischen Märchengesellschaft ein Forum für viele seiner Arbeiten. Dort hielt er Vorträge, die in den Jahresausgaben veröffentlicht wurden.

Ab dem achten Lebensjahrzehnt setzte er sich verstärkt mit der Todesthematik auseinander, und sein Interesse an Sagen drängte die Märchen etwas in den Hintergrund.

Bedeutung

Heino Gehrts führte in seiner vornehmlichen Beschäftigung mit der Gattung der Zaubermärchen die Märchenforschung in diesem Bereich aus der Isolation eines Spezialgebietes heraus und verlieh ihr weitreichende Universalität.

Er dehnte die Märchenforschung auf verschiedenste Wissensgebiete aus, die in den Wissenschaften weit auseinanderliegen mögen, in Wirklichkeit allerdings aufs Nächste benachbart sind. Gerade die unkonventionellen Verknüpfungen von vielschichtigen Erkenntnissen machen seine Forschungsergebnisse so interessant für Fragen der aktuellen Weltbegegnung.

Von der Philosophie und Germanistik kommend, gab Heino Gehrts der Märchenforschung völlig neue Impulse, die nachweislich auf die Philosophie rückwirken, indem beispielsweise seine Klärung des Zusammenhanges von Märchenentstehung und kultureller Gegebenheit philosophisch ausgeweitet werden kann auf die Feststellung, dass die Entstehung der Märchen und die Empfänglichkeit für sie vom Entwicklungsstand des Bewusst-Seins sowohl des Einzelmenschen als auch der menschlichen Gesellschaft abhängt. Daraus ließe sich erklären, warum Märchen in allen Teilen der Erde entstanden, zudem in Struktur und Inhalt ähnlich sind, und warum Kinder in einer bestimmten Entwicklungsphase die Märchen mit großer Aufmerksamkeit aufnehmen.

Ziel seiner Arbeiten war das Aufzeigen des Sinnzusammenhangs des jeweils erörterten Geschehens mit dem Lebensganzen. Auf diese Weise gelangen ihm zum Beispiel für den deutschen Sprachraum einzigartige Interpretationen der beiden großen indischen Epen, dem "Mahābārata" und dem "Rāmājana".

Werke

Bücher

 Übersetzung: Don C. Talayesva "Sonnenhäuptling Sitzende Rispe" (Erich Röth Verlag, Kassel 1964)
 Das Mädchen von Orlach (Ernst Klett Verlag, Stuttgart 1966)
 Das Märchen und das Opfer (Bouvier Verlag, Bonn 1967)
 Mahābārata. Das Geschehen und seine Bedeutung (Bouvier Verlag, Bonn 1975)
 Rāmāyaṇa. Brüder und Braut im Märchen-Epos (Bouvier Verlag, Bonn 1977)
 Hans Findeisen/Heino Gehrts: Die Schamanen: Jagdhelfer und Ratgeber, Seelenfahrer, Künder und Heiler (Eugen Diederichs Verlag, Köln 1983)
 Von der Wirklichkeit der Märchen (Erich Röth Verlag, Regensburg 1992)
 Schriften zur Märchen-, Mythen- und Sagenforschung – Gesammelte Aufsätze 1 "Aspekte der Märchenforschung" (Igel Verlag, Hamburg 2014, ISBN 978-3-86815-588-4)
 Schriften zur Märchen-, Mythen- und Sagenforschung – Gesammelte Aufsätze 2 "Justinus Kerner und die Zeit der Aufklärung" (Igel Verlag, Hamburg 2015, ISBN 978-3-86815-700-0)
 Schriften zur Märchen-, Mythen- und Sagenforschung – Gesammelte Aufsätze 3 "Initiation, Einweihungsrituale und Wesensphänomene" (Igel Verlag, Hamburg 2016, ISBN 978-3-86815-707-9)
 Schriften zur Märchen-, Mythen- und Sagenforschung – Gesammelte Aufsätze 4 "Die 'andere' Welt und Lebensweisheiten" (Igel Verlag, Hamburg 2017, ISBN 978-3-86815-715-4)
 Schriften zur Märchen-, Mythen- und Sagenforschung – Gesammelte Aufsätze 5 "Die Welt der Märchen" (Igel Verlag, Hamburg 2018, ISBN 978-3-86815-726-0)
Schriften zur Märchen-, Mythen- und Sagenforschung – Gesammelte Aufsätze 6 "Von der Welt der Märchen zu der Welt der Sagen" (Igel Verlag, Hamburg 2019, ISBN 978-3-86815-733-8)
Schriften zur Märchen-, Mythen- und Sagenforschung – Gesammelte Aufsätze 7 "Märchennacherzählungen, zur Literatur und zu realitätsfremden Erscheinungen" (Igel Verlag, Hamburg 2020, ISBN 978-3-86815-742-0)

Aufsätze aus dem Jahrbuch der Europäischen Märchengesellschaft
 Erzählermehrheit und Erzählfluß (Band 4: "Märchenerzähler Erzählgemeinschaften" – Erich Röth Verlag, Kassel 1983)
 Der Wald (Band 7: "Die Welt im Märchen" – Erich Röth Verlag, Kassel 1984)
 Die Klappfelsen (Band 7: "Die Welt im Märchen" – Erich Röth Verlag, Kassel 1984)
 Schamanistische Elemente im Zaubermärchen (Band 10: "Schamanentum und Zaubermärchen" – Erich Röth Verlag, Kassel 1986)
 Das Märchen von den zertanzten Schuhen (Band 10: "Schamanentum und Zaubermärchen" – Erich Röth Verlag, Kassel 1986)
 Flucht und Verweilen (Band 13: "Die Zeit im Märchen" – Erich Röth Verlag, Kassel 1989)
 Von Tod und Toten in den Urkulturen (Band 16: "Tod und Wandel im Märchen" – Erich Röth Verlag, Regensburg 1991)
 Vom Ursprung einer märchenhaften Welt (Band 19: "Märchen und Schöpfung" – Erich Röth Verlag, Regensburg 1993)
 Zauberkunde – Aberglauben (Band 23: "Zauber Märchen" – Eugen Diederichs Verlag, München 1998)

Aufsätze aus der Zeitschrift "Gorgo"
 Die Opferung des zeugerisch verbundenen Paares (Verlag Adolf Bonz, Fellbach-Oeffingen, Heft 1/1979)
 Polytheismus – Diskussion (Verlag Adolf Bonz, Fellbach-Oeffingen, Heft 2/1979)
 Die Somnambule von Weilheim (Verlag Adolf Bonz, Fellbach-Oeffingen, Heft 3/1980)
 Genius der Jugend und kritische Gesetztheit (Verlag Adolf Bonz, Fellbach-Oeffingen, Heft 6/1981)
 Initiation (Verlag Adolf Bonz, Fellbach-Oeffingen, Heft 8/1982)
 Vom Wesen der Steine (Schweizer Spiegel Verlag, Zürich, Heft 11/1986)
 Vom Weltenbaum zum brennenden Baum – Die kulturelle Entwicklung im Geborgenheitserlebnis (Schweizer Spiegel Verlag, Zürich, Heft 13/1987)
 Im Auftrage des Baumes – Betrachtungen zum Ursprung des Stabbrauchtums (Schweizer Spiegel Verlag, Zürich, Heft 15/1988)

Aufsätze aus der "Hestia" – Jahrbuch der Klages-Gesellschaft
 Vom Wesen des Speeres (Bouvier Verlag, Bonn, Jahrgang 1984/1985)
 Justinus Kerner und Ludwig Klages, zwei Entdecker der Wirklichkeit der Seele (Bouvier Verlag, Bonn, Jahrgang 1988/1989)
 Im Bummelzug durch Polygapo (Bouvier Verlag, Bonn, Jahrgang 1994/1995)

Aufsätze aus der Zeitschrift "Märchenspiegel"
 Vom Sinn der Blutsbrüderschaft (Haag + Herchen Verlag, Frankfurt am Main, Heft 4/1993)
 Das Mädchen ohne Hände (Verlagsbüro Wolfgang Kuhlmann, Heft 4/1995)
 Die ungetreue Mutter (Verlagsbüro Wolfgang Kuhlmann, Heft: Jubiläumsausgabe April 1995)
 Die Mutter in der Schicksalsfessel (Verlagsbüro Wolfgang Kuhlmann, Heft 4/1996)
 Die Mär vom aufgeschobenen Drachenkampf (Schneider Verlag Hohengehren, Baltmannsweiler, Heft 1/1997)
 Das Marienkind – war's wirklich im Unrecht (Schneider Verlag Hohengehren, Baltmannsweiler, Heft 2/1997)

Sonstige Aufsätze
 Der Schlaf des Drachenkämpfers Ortnit. In: Euph. Band 77, 1983, S. 342–344.

Literatur
 Wolfgang Giegerich: "Die Atombombe als seelische Wirklichkeit". Schweizer Spiegel-Verlag 1988, ISBN 978-3-7270-1222-8
 Wolfgang Giegerich: "Drachenkampf oder Initiation ins Nuklearzeitalter". Schweizer Spiegel-Verlag 1989, ISBN 978-3-7270-1223-5
 Heiko Fritz: "Gott und der Tod". Talos-Verlag 2012, ISBN 978-3-943371-00-0

Weblinks

Einzelnachweise

Märchenforschung
Autor
Deutscher
Geboren 1913
Gestorben 1998
Mann

redpajama_set_name: RedPajamaWikipedia


Following a touch of the four-week high following yesterday's session, the price of gold reacted to the bill passed by the House of Representatives that will provide a four-month extension to the debt ceiling expiration.
In trade the price of gold touched $1,695.76 per troy ounce yesterday, close the important $1,700 per troy ounce level, before the debt ceiling extension brought prices back a bit as investors pursued equities on an increased sentiment of confidence in the U.S. economy.
The spot price of silver continued to gain as an effect of its industrial application, which tracked commodities higher on the confidence. U.S. silver futures gained $0.16, or 0.52 percent, to $32.34 in late Wednesday trade.
Amid the price action, which includes a seven-day rally in silver, HSBC has quietly moved into acquiring large amounts of silver bullion. The bank has secured another deal to buy silver bars from KGHM, which will bring total purchases of silver from KGHM alone in the past twelve months to $876 million.
KGHM is one of the largest producers of silver in the world and is the second-largest producer of refined silver in the world.
Other indications from markets show the fundamentals behind the large purchase. Analysts polled by Reuters expect silver to rise in value in 2013, with a significant prevailing majority over those who see no increase or a sideways market. The price of silver has rallied 6 percent so far this year and 4.5 percent last week alone. The next resistance level, following this week's breach of the $32.00 per troy ounce level, is a close above the resistance at $34.00 per troy ounce.
Interestingly, the U.S. Mint has sold out of it 2013-dated American Eagle Silver Coins just ten days after the series was initiated for order. This is the third time the Mint has had to temporarily suspend sales of its silver coins, after 2009 and 2010, and it will resume them possibly the week of January 28 when it will fill orders on an allocation, or rationing, basis.
The Mint also sold out of its 2012-dated American Eagle Silver Coins. The sell out date of December 17, 2012 was the beginning of a three-week hiatus when the American Silver Eagle was unavailable for order from the U.S. Mint to its network of authorized distributors.


I'm looking for a waterproof coat for a 10 year old Chihuahua but struggling to find anything in her size that doesn't look restrictive or bulky.
She's quite an active dog but does feel the cold easily.
I want something lightweight to keep her dry, it needs to cover as much as possible but not with sleeves. She already has an equafleece but gets too warm in it when she's running around.
Have you looked at the k9 active website at all? they have a good selection of stuff on there.


As much as any sign of aging, patients in Toronto and across Canada notice how their lower eyelids can make them look tired, sad and old. It would be nice if there were one simple answer for these problems, but the reality is there are several causes and several treatments to choose from in Toronto. Let's look at what bothers you the most, and what your options are. And, remember, everyone is different in their concerns, as only you can decide what's best for you once you know what it's all about.
First off, puffy bags of the lower eyelids are due to fat pouches pushing through the retaining wall, or septum, of the lower eyelid. This can occur as a familial trait or with the laxity of tissues associated with aging. Ideal treatment is removal of the excess fat through a lower blepharoplasty procedure. This can be done from behind the eyelid or through a fine incision hidden by your eyelashes. Once removed, the fat never comes back, so you look better for life. Sometimes, instead of removing all the excess fat, some is transposed or placed into the "tear trough" that frequently forms just beneath the fat pads. This can level the trough out and improve overall contour of the lower eyelid. In other patients, fillers such as hyaluronic acid (for example, Juvéderm and Restylane) can be used in the tear trough either alone or in combination with blepharoplasty to improve the contour. Used alone, the injection is an office procedure and the filler can last from one to three years. Occasionally fat or other materials may also be considered as tear trough fillers.
If wrinkling of the lower eyelids is a concern, this is partially addressed by removing the excess, lax skin of the eyelid as a part of the blepharoplasty procedure. But the surgeon cannot try to "pull up" too much eyelid skin to remove wrinkles or it can pull the eyelid down. We say, "The eyelid cannot hold up the cheek." Wrinkles themselves can be improved with chemical peels such as trichloroacetic acid – Jessner's solution or laser resurfacing. Crows' feet laterally can be diminished with Botox, and sometimes fillers.
By improving the lower eyelid contour, the dark shadows are usually improved. However, in patients with darker pigmentation or congestion from allergies causing shadowing, makeup and medical treatment of allergies may be required as well.
In this very complex region, what is most important is to identify clearly to your surgeon what your concerns are, and together you can choose the most appropriate options for you.


text:
// Copyright 2014 Google Inc. All rights reserved.
//
// Licensed under the Apache License, Version 2.0 (the "License");
// you may not use this file except in compliance with the License.
// You may obtain a copy of the License at
//
//     http://www.apache.org/licenses/LICENSE-2.0
//
// Unless required by applicable law or agreed to in writing, software
// distributed under the License is distributed on an "AS IS" BASIS,
// WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
// See the License for the specific language governing permissions and
// limitations under the License.

import Path from 'axiom/fs/path';
import AxiomError from 'axiom/core/error';

export var domfsUtil = {};
export default domfsUtil;

/**
 * @param {Path} path
 * @return {string}
 */
domfsUtil.makeDomfsPath = function(path) {
  if (!path || !path.relSpec)
    return '/';

  return '/' + path.relSpec;
};

/**
 * Get an appropriate 'stat' value for the given HTML5 FileEntry or
 * DirEntry object.
 */
domfsUtil.statEntry = function(entry) {
  return new Promise(function(resolve, reject) {
    var onMetadata = function(entry, metadata) {
      if (!metadata) {
        metadata = {modificationTime: 0, size: 0};
      }
      if (entry.isFile) {
        return resolve({
          dataType: 'blob',
          mode: Path.Mode.R | Path.Mode.W | Path.Mode.K,
          mtime: new Date(metadata.modificationTime).getTime(),
          size: metadata.size
        });
      } else {
        return resolve({
          mode: Path.Mode.R | Path.Mode.D,
          mtime: new Date(metadata.modificationTime).getTime(),
        });
      }
    };

    if ('getMetadata' in entry) {
      entry.getMetadata(
        onMetadata.bind(null, entry),
        function(error) {
          if (error.code === 1001) {
            // NOTE: getMetadata() is not implemented for directories in
            // idb.filesystem.js polyfill: it returns an error with this code.
            onMetadata(entry, null);
          } else {
            reject(error);
          }
        }
      );
    } else {
      reject(new AxiomError.Runtime('entry has no getMetadata'));
    }
  });
 };

/**
 * List all FileEntrys in a given HTML5 directory.
 *
 * @param {DirectoryEntry} root The directory to consider as the root of the
 *     path.
 * @param {string} path The path of the target directory, relative to root.
 * @return {Promise<Object>}
 */
domfsUtil.listDirectory = function(root, path) {
  return new Promise(function(resolve, reject) {
    var entries = {};
    var promises = [];
    var rv = {};
    var addResult = function(entry, statResult) {
      rv[entry.name] = statResult;
    };

    var onFileError = domfsUtil.rejectFileError.bind(null, path, reject);
    var onDirectoryFound = function(dirEntry) {
      var reader = dirEntry.createReader();
      reader.readEntries(function(entries) {
        for (var i = 0; i < entries.length; i++) {
          var promise = domfsUtil.statEntry(entries[i]);
          promises.push(promise.then(addResult.bind(null, entries[i])));
        }

        Promise.all(promises).then(function() {
          return resolve(rv);
        });
      }, onFileError);
    };
    root.getDirectory(path, {create: false}, onDirectoryFound, onFileError);
  });
};

domfsUtil.getFileOrDirectory = function(root, pathSpec) {
  return new Promise(function(resolve, reject) {
    var onFileFound = function(r) {
      return resolve(r);
    };

    var onError = function() {
       var onFileError = domfsUtil.rejectFileError.bind(null, pathSpec, reject);
       root.getDirectory(pathSpec, {create: false}, onFileFound, onFileError);
    };

    root.getFile(pathSpec, {create: false}, onFileFound, onError);
  });
};

/**
 * Removes all files and sub directories for a given path.
 */
domfsUtil.remove = function(root, path) {
  return new Promise(function(resolve, reject) {
    return domfsUtil.getFileOrDirectory(root, path).then(function(r) {
      if (r.isDirectory === false) {
        r.remove(resolve, reject);
      } else {
        r.removeRecursively(resolve, reject);
      }
    }).catch(function(e) {
      return reject(e);
    });
  });
};

/**
 * Create a directory with a given name under root.
 */
domfsUtil.mkdir = function(root, name, exclusive) {
  return new Promise(function(resolve, reject) {
    var onError = domfsUtil.rejectFileError.bind(null, name, reject);
    root.getDirectory(name, {create: true, exclusive: exclusive},
        resolve, onError);
  });
};

/**
 * Convenience method to convert a FileError to a promise rejection with an
 * Axiom error.
 *
 * Used in the context of a FileEntry.
 */
domfsUtil.convertFileError = function(pathSpec, error) {
  if (error.name == 'TypeMismatchError')
    return new AxiomError.TypeMismatch('entry-type', pathSpec);

  if (error.name == 'NotFoundError')
    return new AxiomError.NotFound('path', pathSpec);

  if (error.name == 'PathExistsError')
    return new AxiomError.Duplicate('path', pathSpec);

  return new AxiomError.Runtime(pathSpec + ':' + error.toString());
};

domfsUtil.rejectFileError = function(pathSpec, reject, error) {
  reject(domfsUtil.convertFileError(pathSpec, error));
};

redpajama_set_name: RedPajamaGithub


It works fine on 2.1, at least it did every time I tested it. It also works fine for most people on 2.0.x. This isn't a general issue with the lightsquid package, so there isn't really anything to "fix". It's some odd combination of installed packages/files and ordering and who knows what, but most people have no problems with it.
I didn't know whether I should start a new thread about it or not, but Lightsquid's perl components don't work at all on 2.1 since this commit.
I saw someone (maybe you?) commented on that in github.
Yeah, that was me. Not sure whether it should be under pfSense or under the pfSense Packages subcategory. I don't know how many other packages depend on perl CGI.
Since the change was made in the pfSense code and not in tools or packages, it would go in the pfSense project in redmine.
EDIT: Split this into its own topic since it's different enough and warranted its own thread.
This should be fixed on current snapshots dated 1/21 or later.


Why Buy From Foxcraft Cabinets?
Foxcraft Cabinets is a family owned custom cabinet shop located in Lancaster County, PA. Since 1979, customers have trusted us to provide professional design service, superior handcrafted cabinetry, and on-time deliveries. We continue this commitment with personal integrity by serving you in an honest, fair, and ethical manner. Your satisfaction is our priority.
We serve homeowners, contractors, interior designers, architects and kitchen dealers.
Do I Need To Hire A Kitchen Designer?
Foxcraft Cabinets offers professional kitchen design as a service to our clients. If you are already working with a designer we can build cabinetry per their design or collaborate together with them to create the kitchen of your dreams.
Do I Need Architect Plans?
Foxcraft Cabinets does not need architect plans to design and build cabinetry. We will come to your home and take measurements to ensure an accurate installation. However, if you have architect plans we can begin the cabinetry design process based on your plans.
How Long Will It Take To Build My Cabinetry?
Foxcraft Cabinets offers installation within our service area. Our cabinetry, which is built for easy installation, can also be installed by the homeowner/builder/contractor.
Our normal service area is within 150 miles of Ephrata, PA. Please contact us to discuss areas beyond this range.
Please contact us for an information package or to schedule a free consultation with our designer to discuss your project.
Foxcraft Cabinets serves homeowners and trades people within our service area and is also interested in building relationships with contractors, architects, interior designers, kitchen dealers and similar trades people beyond our standard service area. Our cabinets can be shipped anywhere in the US. Feel free to contact us.
Foxcraft Cabinets is a family owned custom cabinet shop located in Lancaster County, PA. Since 1979, customers have trusted us to provide professional design service, superior handcrafted cabinetry, and on-time deliveries.


text:
U 967 är ett vikingatida runstensfragment av gråröd granit i Vaksala kyrka, Vaksala socken och Uppsala kommun.

Runstensfragmentet är 0,6x0,5 m stort och 0,2 m tjockt. Runhöjd är 9-10 cm.

Inskriften

Attribuering till Öpir bygger på ristningsteknik med djupt huggna runor och svaga kantlinjer. Magnus Källström påpekar dock att inte U 967 och U 971 utan egentligen U 970 och U 974 kan attribueras till Öpir på grund av saknade kantlinjer. U 970 och U 974 preliminärt numrerades av Wessén som U 967 och U 971, som skapade förvirring.

Källor

Upplands runinskrifter
Runinskrifter i Uppsala kommun


text:
[Submitted on 11 Jun 2021 (v1), last revised 29 Apr 2022 (this version, v2)]
Title:Universality of nodal count distribution in large metric graphs
Authors:Lior Alon, Ram Band, Gregory Berkolaiko
Abstract: An eigenfunction of the Laplacian on a metric (quantum) graph has an excess number of zeros due to the graph's non-trivial topology. This number, called the nodal surplus, is an integer between 0 and the graph's first Betti number $\beta$. We study the distribution of the nodal surplus values in the countably infinite set of the graph's eigenfunctions. We conjecture that this distribution converges to Gaussian for any sequence of graphs of growing $\beta$. We prove this conjecture for several special graph sequences and test it numerically for a variety of well-known graph families. Accurate computation of the distribution is made possible by a formula expressing the nodal surplus distribution as an integral over a high-dimensional torus.
Related DOI: https://doi.org/10.1080/10586458.2022.2092565
From: Lior Alon [view email]
[v1] Fri, 11 Jun 2021 00:28:12 UTC (5,041 KB)
[v2] Fri, 29 Apr 2022 19:06:32 UTC (4,849 KB)

redpajama_set_name: RedPajamaCommonCrawl


text:
February 11, 2019 - 6:57 am EST 4 years ago
Pro Laments Growing Inequality Gap In Golf
Despite the praise heaped upon this past week's European and LPGA Tour's co-sanctioned event, the Victorian Open, a high-profile LPGA Tour player is lamenting the inequality gap between men's and women's professional golf.
Mel Reid, the English-born pro who made headlines earlier this year when she announced she was gay, told The Independent that contrary to popular belief, the inequality gap between golfers at the highest level is growing, not shrinking.
"If I'm completely honest, I think it's getting worse," Reid said. "People have no idea this is going on. It's an absolute joke."
Reid's main qualms come with the equipment industry. Requesting a pair of fairway woods from a major OEM, Reid said the response came that they do not support women's golf. Another company from whom Reid requested irons told her that it only supports men on the European Challenge Tours.
Exclusive interview: LPGA Tour star @melreidgolf on the biggest companies in golf refusing to support women, being the highest profile player to come out as gay, and her rise from rock bottomhttps://t.co/qSK6a4WR7L
— Tom Kershaw (@trlkershaw) February 4, 2019
Last year, the inequality conversation was brought to light when Inbee Park, a seven-time major champion, Olympic gold medalist and former world No. 1, requested some new fairway woods and hybrids from TaylorMade, but was told she could only get them at cost because of a new stipulation that only offered free clubs to those who play TaylorMade drivers.
"Imagine that happening in the men's game to the best player in the world," Reid continued. "I understand the pay will never be the same, I understand the value of the product, but two of the very biggest companies openly don't support women's golf. People don't know about the struggles LPGA players have to go through just to get equipment."
I'm proud of how far we've come and thankful for ALL the support we do get. We are appreciative….but hope even more companies will lean into all the great things the @LPGA is and will continue to be. https://t.co/Dqd5WF2VaW
— Mel Reid (@melreidgolf) February 4, 2019
Reid said that part of the problem comes from players' hesitancy to speak out about the inequalities.
"I think girls are scared to come out and name companies because what we get given is already so fragile," she said. "We have a lot more to lose by being outspoken. Companies can just turn around and be like 'well go do one then'. They don't promote women's golf."
Reid is currently ranked 276 in the world, and she recently moved from England to Jupiter, Florida after nearly losing her LPGA Tour card last year.


According to our database1, Bernhard Schölkopf authored at least 357 papers between 1995 and 2019.
ACM Fellow 2017, "For contributions to the theory and practice of machine learning".
Analysis of cause-effect inference by comparing regression errors.
Discriminative Transfer Learning for General Image Restoration.
Kernel Distribution Embeddings: Universal Kernels, Characteristic Kernels and Kernel Metrics on Distributions.
Invariant Models for Causal Transfer Learning.
From Deterministic ODEs to Dynamic Structural Causal Models.
Adaptive Skip Intervals: Temporal Abstraction for Recurrent Dynamical Models.
Informative Features for Model Comparison.
Generalized Score Functions for Causal Discovery.
On Matching Pursuit and Coordinate Descent.
Detecting non-causal artifacts in multivariate linear regression models.
Differentially Private Database Release via Kernel Mean Embeddings.
Wasserstein Auto-Encoders: Latent Dimensionality and Random Encoders.
Automatic estimation of modulation transfer functions.
Spatio-Temporal Transformer Network for Video Restoration.
The Unreasonable Effectiveness of Texture Transfer for Single Image Super-Resolution.
Efficient Encoding of Dynamical Systems Through Local Approximations.
Cause-Effect Inference by Comparing Regression Errors.
Group invariance principles for causal generative models.
BundleMAP: Anatomically localized classification, regression, and hypothesis testing in diffusion MRI.
Kernel Mean Embedding of Distributions: A Review and Beyond.
DiSMEC: Distributed Sparse Machines for Extreme Multi-label Classification.
Causal Consistency of Structural Equation Models.
Causal Discovery from Temporally Aggregated Time Series.
Personalized brain-computer interface models for motor rehabilitation.
Avoiding Discrimination through Causal Reasoning.
Causal Discovery from Nonstationary/Heterogeneous Data: Skeleton Estimation and Orientation Determination.
Behind Distribution Shift: Mining Driving Forces of Changes and Causal Arrows.
EnhanceNet: Single Image Super-Resolution Through Automated Texture Synthesis.
Online Video Deblurring via Dynamic Temporal Blending Network.
A Guided Task for Cognitive brain-Computer Interfaces.
Closing One's eyes Affects amplitude modulation but not frequency modulation in a Cognitive BCI.
Flexible Spatio-Temporal Networks for Video Prediction.
Local Group Invariant Representations via Orbit Embeddings.
On Estimation of Functional Causal Models: General Results and Application to the Post-Nonlinear Causal Model.
Preface to the ACM TIST Special Issue on Causal Discovery and Inference.
Gaussian Process-Based Predictive Control for Periodic Error Correction.
Identification of causal relations in neuroimaging data with latent confounders: An instrumental variable approach.
Distinguishing Cause from Effect Using Observational Data: Methods and Benchmarks.
Transfer Learning in Brain-Computer Interfaces Abstract\uFFFDThe performance of brain-computer interfaces (BCIs) improves with the amount of avail.
TerseSVM : A Scalable Approach for Learning Compact Models in Large-scale Classification.
Recovery of non-linear cause-effect relationships from linearly mixed neuroimaging data.
Minimax Estimation of Maximum Mean Discrepancy with Radial Kernels.
Consistent Kernel Mean Estimation for Functions of Random Variables.
Domain Adaptation with Conditional Transferable Components.
The Arrow of Time in Multivariate Time Series.
Approximate dual control maintaining the value of information with an application to building control.
Depth Estimation Through a Generative Model of Light Field Synthesis.
End-to-End Learning for Image Burst Deblurring.
Computing functions of random variables via reproducing kernel Hilbert space representations.
Causal interpretation rules for encoding and decoding models in neuroimaging.
Artificial intelligence: Learning to see and act.
Semi-supervised interpolation in an anticausal learning scenario.
A Cognitive Brain-Computer Interface for Patients with Amyotrophic Lateral Sclerosis.
BundleMAP: Anatomically Localized Features from dMRI for Detection of Disease.
Telling cause from effect in deterministic linear dynamical systems.
Removing systematic errors for exoplanet search via latent causes.
Towards a Learning Theory of Cause-Effect Inference.
Retrospective Motion Correction of Magnitude-Input MR Images.
Discovering Temporal Causal Relations from Subsampled Data.
Causal Inference by Identification of Vector Autoregressive Processes with Hidden Components.
Brain-computer interfacing in amyotrophic lateral sclerosis: Implications of a resting-state EEG analysis.
Identification of the Default Mode Network with electroencephalography.
Inference of Cause and Effect with Unsupervised Inverse Regression.
Multi-Source Domain Adaptation: A Causal View.
Cost-Sensitive Active Learning With Lookahead: Optimizing Field Surveys for Remote Sensing Data Classification.
Causal Discovery via Reproducing Kernel Hilbert Space Embeddings.
Causal discovery with continuous additive noise models.
Estimating Causal Effects by Bounding Confounding.
A Permutation-Based Kernel Conditional Independence Test.
Inferring latent structures via information inequalities.
Causal and anti-causal learning in pattern recognition for neuroimaging.
Kernel Mean Estimation via Spectral Filtering.
Kernel Mean Estimation and Stein Effect.
Consistency of Causal Inference under the Additive Noise Model.
Mask-Specific Inpainting with Deep Neural Networks.
Decoding index finger position from EEG using random forests.
Towards building a Crowd-Sourced Sky Map.
HiFiVE: A Hilbert Space Embedding of Fiber Variability Estimates for Uncertainty Modeling and Visualization.
Identifying Finite Mixtures of Nonparametric Product Distributions and Causal Inference of Confounders.
One-Class Support Measure Machines for Group Anomaly Detection.
From Ordinary Differential Equations to Structural Causal Models: the deterministic case.
How to Test the Quality of Reconstructed Sources in Independent Component Analysis (ICA) of EEG/MEG Data.
Causal Inference on Time Series using Restricted Structural Equation Models.
Domain Adaptation under Target and Conditional Shift.
Domain Generalization via Invariant Feature Representation.
Improving alpha matting and motion blurred foreground estimation.
On Estimation of Functional Causal Models: Post-Nonlinear Causal Model as an Example.
A Machine Learning Approach for Non-blind Image Deconvolution.
On a Link Between Kernel Mean Maps and Fraunhofer Diffraction, with an Application to Super-Resolution Beyond the Diffraction Limit.
On the Relations and Differences Between Popper Dimension, Exclusion Dimension and VC-Dimension.
Semi-supervised Learning in Causal and Anticausal Settings.
Nonparametric dynamics estimation for time periodic systems.
Information-geometric approach to inferring causal directions.
Learning from Distributions via Support Measure Machines.
Semi-Supervised Domain Adaptation with Non-Parametric Copulas.
The representer theorem for Hilbert spaces: a necessary and sufficient condition.
On causal and anticausal learning.
A blind deconvolution approach for pseudo CT prediction from MR image pairs.
Blind Correction of Optical Aberrations.
Recording and Playback of Camera Shake: Benchmarking Blind Deconvolution with a Real-World Database.
Statistical Learning Theory: Models, Concepts, and Results.
Causal Inference on Discrete Data Using Additive Noise Models.
Causal influence of gamma oscillations on the sensorimotor rhythm.
A Graphical Model Framework for Decoding in the Visual ERP-Based BCI Speller.
Multi-way set enumeration in weight tensors.
A Blind Deconvolution Approach for Improving the Resolution of Cryo-EM Density Maps.
Kernel-based Conditional Independence Test and Application in Causal Discovery.
Identifiability of Causal Graphs using Functional Models.
Recovering Intrinsic Images with a Global Sparsity Prior on Reflectance.
Two-locus association mapping in subquadratic time.
Support Vector Machines as Probabilistic Models.
Non-stationary correction of optical aberrations.
Fast removal of non-uniform camera shake.
Removing noise from astronomical images using a pixel-specific noise model.
Finding dependencies between frequencies with the kernel cross-spectral density.
Causal inference using the algorithmic Markov condition.
Nonparametric Regression between General Riemannian Manifolds.
Remote Sensing Feature Selection by Kernel Dependence Measures.
Hilbert Space Embeddings and Metrics on Probability Measures.
Identifying Cause and Effect on Discrete Data using Additive Noise Models.
Causal relationships between frequency bands of extracellular signals in visual cortex revealed by an information theoretic analysis.
Invariant Gaussian Process Latent Variable Models and Application in Causal Discovery.
A New Algorithm for Improving the Resolution of Cryo-EM Density Maps.
Probabilistic latent variable models for distinguishing between cause and effect.
Space-Variant Single-Image Blind Deconvolution for Removing Camera Shake.
Non-parametric estimation of integral probability metrics.
The Influence of the Image Basis on Modeling and Steganalysis Performance.
Telling cause from effect based on high-dimensional observations.
Multiframe blind deconvolution, super-resolution, and saturation correction via incremental EM.
Efficient filter flow for space-variant multiframe blind deconvolution.
Causal Markov Condition for Submodular Information Measures.
Prototype Classification: Insights from Machine Learning.
Protein functional class prediction with a combined graph.
Identifying confounders using additive noise models.
Kernel Choice and Classifiability for RKHS Embeddings of Probability Distributions.
Generalized Clustering via Kernel Embeddings.
Multi-way set enumeration in real-valued tensors.
Detecting the direction of causal time series.
Regression by dependence minimization and its application to causal inference in additive noise models.
09401 Abstracts Collection - Machine learning approaches to statistical dependences and causality.
Learning similarity measure for multi-modal 3D image registration.
Kernels, regularization and differential equations.
Causal reasoning by evaluating the complexity of conditional densities with kernel methods.
An Empirical Analysis of Domain Adaptation Algorithms for Genomic Sequence Analysis.
Nonlinear causal discovery with additive noise models.
Effects of Stimulus Type and of Error-Correcting Code Design on BCI Speller Performance.
Characteristic Kernels on Groups and Semigroups.
Sparse multiscale gaussian process regression.
Tailoring density estimation via reproducing kernel moment matching.
Kernel Methods for Detecting the Direction of Time Series.
Automatic 3D face reconstruction from single images or video.
Automatic Image Colorization Via Multimodal Predictions.
Injective Hilbert Space Embeddings of Probability Measures.
Real-Time Fetal Heart Monitoring in Biomagnetic Measurements Using Adaptive Real-Time ICA.
Feature Selection for Troubleshooting in Complex Assembly Lines.
Transductive Classification via Local Learning Regularization.
An Analysis of Inference with the Universum.
A Kernel Statistical Test of Independence.
Kernel Measures of Conditional Dependence.
A kernel-based causal learning algorithm.
Distinguishing between cause and effect via kernel-based complexity measures for conditional distributions.
A Hilbert Space Embedding for Distributions.
How to Find Interesting Locations in Video: A Spatiotemporal Interest Point Detector Learned from Human Eye Movements.
A Kernel Approach to Comparing Distributions.
A Unifying View of Wiener and Volterra Theory and Polynomial Kernel Regression.
A Direct Method for Building Sparse Kernel Learning Algorithms.
Implicit Surface Modelling with a Globally Regularised Basis of Compact Support.
A Local Learning Approach for Clustering.
Implicit Surfaces with Globally Regularised and Compactly Supported Basis Functions.
A Nonparametric Approach to Bottom-Up Visual Saliency.
Correcting Sample Selection Bias by Unlabeled Data.
A Kernel Method for the Two-Sample-Problem.
Causal Inference by Choosing Graphs with Most Plausible Markov Kernels.
Classifying Event-Related Desynchronization in EEG, ECoG and MEG Signals.
Learning an Interest Operator from Human Eye Movements.
Iterative Kernel Principal Component Analysis for Image Modeling.
Experimentally optimal nu in support vector regression for different noise models and parameter settings.
Kernel Methods for Measuring Independence.
Maximal margin classification for metric spaces.
Robust EEG Channel Selection across Subjects for Brain-Computer Interfaces.
Support Vector Machines for 3D Shape Processing.
Long Term Prediction of Product Quality in a Glass Manufacturing Process Using a Kernel Based Approach.
Learning from labeled and unlabeled data on a directed graph.
Building Sparse Large Margin Classifiers.
Implicit surface modelling as an eigenvalue problem.
Object correspondence as a machine learning problem.
A brain computer interface with online feedback based on magnetoencephalography.
Training Support Vector Machines with Multiple Equality Constraints.
Fast protein classification with multiple networks.
Measuring Statistical Dependence with Hilbert-Schmidt Norms.
Kernel Constrained Covariance for Dependence Measurement.
A tutorial on support vector regression.
Experimentally optimal v in support vector regression for different noise models and parameter settings.
A Compression Approach to Support Vector Model Selection.
Feature Selection for Support Vector Machines Using Genetic Algorithms.
Semi-supervised Learning on Directed Graphs.
Kernel Methods for Implicit Surface Modeling.
Methods Towards Invasive Human Brain Computer Interfaces.
Face Detection - Efficient and Rank Deficient.
An Auditory Paradigm for Brain-Computer Interfaces.
Implicit Wiener Series for Higher-Order Image Analysis.
Learning from Labeled and Unlabeled Data Using Random Walks.
Efficient Approximations for Support Vector Machines in Object Detection.
Multivariate Regression via Stiefel Manifold Constraints.
Statistical learning theory, capacity, and complexity.
Feature Selection for Support Vector Machines by Means of Genetic Algorithms.
Training Invariant Support Vector Machines.
Support Vector Machines and Kernel Methods: The New Generation of Learning Machines.
A Short Introduction to Learning with Kernels.
Learning with Kernels: support vector machines, regularization, optimization, and beyond.
An introduction to kernel-based learning algorithms.
Incorporating Invariances in Non-Linear Support Vector Machines.
Estimating a Kernel Fisher Discriminant in the Presence of Label Noise.
Kernel Machine Based Learning for Multi-View Face Detection and Pose Estimation.
Engineering support vector machine kernels that recognize translation initiation sites.
Robust Ensemble Learning for Data Mining.
Four-legged Walking Gait Control Using a Neuromorphic Chip Interfaced to a Support Vector Learning Algorithm.
The Kernel Trick for Distances.
Support Vector Novelty Detection Applied to Jet Engine Vibration Spectra.
Choosing in Support Vector Regression with Different Noise Models: Theory and Experiments.
Sparse Greedy Matrix Approximation for Machine Learning.
Input space versus feature space in kernel-based methods.
Lernen mit Kernen: Support-Vektor-Methoden zur Analyse hochdimensionaler Daten.
v-Arc: Ensemble Learning in the Presence of Outliers.
Engineering Support Vector Machine Kerneis That Recognize Translation Initialion Sites.
Nonlinear Component Analysis as a Kernel Eigenvalue Problem.
On a Kernel-Based Method for Pattern Recognition, Regression, Approximation, and Operator Inversion.
Semiparametric Support Vector and Linear Programming Machines.
Kernel PCA and De-Noising in Feature Spaces.
From Regularization Operators to Support Vector Kernels.
Improving the Accuracy and Speed of Support Vector Machines.
View-Based Cognitive Mapping and Path Planning.


text:
Big Fish's Match-Up! to put an end to the popularity of asynchronous tournaments
When mobile and casual game developer Big Fish releases Match-Up! by Big Fish today for iOS devices, it will put an end to the popularity of asynchronous mobile tournament games, according to Big Fish's general manager, Chris Williams.
Speaking in an interview with Games4Life, Williams says that the company's synchronous multiplayer tournament title, which it created in partnership with Jawfish Games, will be a literal game changer. He says that in an asynchronous game like Draw Something, players are often left waiting for their opponent to take their turn before they can resume playing, which can lead to players losing interest. In Match-Up!, Big Fish and Jawfish have created what Williams describes as tournament games — with a real-time twist.
Like in asynchronous multiplayer tournaments, players are still trying to better the score of their opponents. But rather than having their turn then waiting for their opponent to take their turn before seeing who has the better score, both players compete at the same time. And as both are competing concurrently, their games are completely in sync — both can see what's happening on the opponent's screen, results are shown immediately, and if a player advances to the next round in a bracketed tournament, all players in that tournament advance at the same time with no waiting involved.
"There's been a great run for asynchronous tournament games in the app store — it's been good," Williams tells Games4Life. "We think that ends [today]."
FROM POKER TO MATCH-UP!
Phil Gordon is the founder of Jawfish, a company that specializes in developing technology for real-time, multiplayer tournament games. He was also a professional poker player for more than 10 years. He says that despite not having a traditional video gaming background, his experience as a poker player informed him of what was lacking in mobile app stores.
"I'm an extraordinarily competitive person, and the turn-by-turn games like Words With Friends and Scramble With Friends bored me to tears," Gordon says. "I thought the waiting was mind-numbing. So I thought, based on my competitive nature, I knew that competitive tournaments would be more fun.
"Even if we had 16 people in a room and we just lined everyone up and ran a rock, paper, scissors tournament, when you get down to that final four, you feel it. It's like your stomach tightens, you have that sense of competition that drives you to excel. That's not something that any of the games that I played in the App Store offered."
Bored by what he was seeing in mobile markets, but convinced that he had a solution, Gordon gathered a team of engineers to build the kind of technology that could support large-scale, synchronous, multiplayer tournaments. He knew this sort of experience could be successful. It worked in poker — he'd seen how competitive people could get if the conditions were right — and he knew that just because no one else seemed to be doing it didn't mean he shouldn't try.
"There are more than 135,000 apps in the iTunes App Store. Not a single one of them have multiplayer real-time tournaments," he says. "And there's a reason for it. Real-time multiplayer is a very difficult and complex engineering challenge to do at scale."
While real-time multiplayer games have long existed on the mobile market, Gordon specifically refers to the challenge of real-time tournaments where multiple players can compete at the same time but still remain in sync, with one player's moves being shown on their opponent's screen in less than three tenths a second, no matter where in the world both players are. The game would also have to support potentially hundreds of thousands of players competing at the same time across thousands of bracketed tournaments.
"There are more than 135,000 apps in the iTunes App Store. Not a single one of them have multiplayer real-time tournaments."
Jawfish undertook that challenge, and Gordon believes the studio as "cracked the nut." It then partnered with Big Fish, with Gordon's team of engineers focusing on the tech, while Big Fish, which has remained dominant in the casual game market since its launch, developed the games themselves.
The two studios didn't stop at creating synchronous tournaments. They enabled bracketed tournaments where up to 16 players can compete concurrently. They developed a "spy-cam" so players could see their opponent's screen while both competed in real-time. They eliminated the waiting that had become synonymous with asynchronous tournaments.
Match-Up! is launching with three games packaged into one. On the surface, they are familiar styles of games that most players have experience. There's Word Rack, a game that combines Boggle-like play with Scrabble. The players who creates the highest-value word in 30 seconds wins the round. There's QBeez, a match-3 puzzle game that allows players to move the blocks around the board by flipping their iDevice. And there's Mahjong (the tile-matching version). Familiar as these kinds of games may be, when Big Fish and Jawfish's synchronous tournament mode is applied to the three games, they become very different experiences to what most players are used to.
Every match is extremely fast-paced, and the knowledge that a player is competing against someone else in real-time plays on the psychology behind tournament mechanics, Williams says. The game picks random players from around the world and matches them up (hence the name Match-Up!) with others, so there is always someone to compete against. Players can also choose to compete only with friends.
"Competitive casual can almost be seen as an oxymoron in some sense, but we think our casual audience is actually very competitive," Williams says. "And one thing we were cautionary about was we didn't want the tournaments to be long-winded and require a long time investment."
"Competitive casual can almost be seen as an oxymoron in some sense."
According to Williams, a bracketed tournament takes no more than four minutes and individual rounds can go from start to finish in 30 seconds. Players can play all three games within Match-Up! for free and are given 1,000 in-game chips to buy into tournaments. The higher the stakes they buy into, the higher the rewards. Players who wish to pay can buy additional chips to enter more tournaments, and money can also be spent on one-off boosts that Williams says don't give players an unfair advantage.
When the game launches today, Williams believes that the term "Match-Up" will become synonymous with the kinds of games Big Fish and Jawfish are making.
"We think that the notion of instantly connecting, instantly playing and playing a match competitively is really going to resonate with people."
Match-Up! by Big Fish is available now for free from the iTunes App Store for iPhone, iPod Touch and iPad.
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Many years ago, Bob bought a horse that no one else seemed to want. They called him "yesterday's goods", too hot to handle, too small and not very athletic. Translation; all used up at the very old age of 5 years. He only traveled at two gaits, walk and gallop, was only 14.3 hands and didn't want to pick up the left lead. From Bob's point of view, these were mostly positives. Five years old is a great age, movement is essential for learning, short horses are easy to mount on the trail and leads are usually a two or three day fix on a sound horse.
It turned out he'd found the proverbial diamond in the rough. He says, "He was one of the best horses I have ever had. I kept him for almost ten years before selling him to my best friend when my young horses were consuming all my time." This sounds like a great story, but it is unfortunately the exception rather than the rule. There is always a reason why a horse is for sale. It could just be that someone goes off to school or a breeder needs to sell stock to survive, etc., but often it's for negative reasons. Perhaps the horse is dangerous, i.e. it rears, it bucks, it bolts, it won't move, it won't stop, it's afraid of everything. You can usually expect some or all of the above in the so called "bargain horse". The initial purchase price is often very low or even free (adoption horses come to mind) but the ultimate price you pay in order to bring that horse along may not result in such a bargain after all. Remember the old saying, "˜If it sounds too good to be true, it usually is'.
It's not just the training time and costs that he's referring to. When horses have acquired and have practiced bad habits or have been taught to fear or mistrust humans, they are not "cured" overnight. This takes time and patience, not only from the trainer, but from the owner as well. A horse with any or all of these problems could cost you several months and several thousand dollars to "fix". In the meantime, you may be a risk of injury when handling or riding these horses. Even if you don't get hurt, but are constantly in fear of being hurt, you are obviously not enjoying such a horse. Regardless of what we wish to actually do with our horses, we presume that we would all like to enjoy them.
1. Always see the horse in person, don't buy on a video alone.
2. Watch the owner or seller ride the horse before you do. This way you should get to see the horse perform at its current "best" level.
3. If the seller or owner refuses to ride the horse, this should send you a warning. Only ride this horse if your insurance premium is fully paid.
5. Have a vet check for soundness at least with a flex test if you don't know the horse or the seller. If they fail the flex test, move on. If they pass, but your vet suggests x-rays or further testing and you like the horse, do what he or she suggests; it could save you a lot of money later.
If you're looking for bargains, shop at Wal-Mart. As far as we know horses aren't sold there yet, so be cautious when presented with a so-called bargain price horses. Spending a few dollars more for the horse that you can start riding and enjoying immediately, one that is sound, willing, well trained and just fun to be around is the true bargain. If you find yourself already in the position of having acquired a horse with some problems, your situation is certainly not hopeless. Just realize that you'll need to find a trainer that you're comfortable with and be prepared to spend the money, time and effort required to teach your horse properly.


Do you own a Christmas E-commerce Themes that sells products and merchandise? If you do then it would important for you to realize the significance of changing the look and feel of your Christmas E-commerce Website Themes during the holiday season. It is an important maneuver, keeping your website in tune. With the onset of Christmastide because that would not only enable your eCommerce website to have refreshed look. But it would enable you to have many new visitors and followers. For the start-up business that you are running.
Having a Christmas themed website will appeal to many who would want to shop and buy gifts for their near and dear ones and your Christmas Website Templates themed eCommerce website definitely help to spread the good cheer and happiness that the holidays invariably bring. These are the important reasons why your eCommerce website would need to have Christmas makeover and a complete facelift.
We have a large collection of Christmas themes and templates for your eCommerce website. Choose from the available themes and templates and utilize the one that appeals to you the most. By using Christmas themes and templates during the Christmas season, you would offer your eCommerce website a chance to become the most liked website and the most popular.


Dry Patrol is the leader in Water Restoration Services in the Cincinnati and Dayton area.
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Mellifont Abbey (Irish: An Mhainistir Mhór, literally "the big abbey"), located close to Drogheda in County Louth, was the first Cistercian abbey to be built in Ireland.
Mellifont Abbey is now a ruin. Little of the original Abbey remains, save a 13th-century lavabo (where the monks washed their hands before eating), some Romanesque arches and a 14th-century chapter house.
Founded in 1142 on the orders of Saint Malachy, Archbishop of Armagh, Mellifont Abbey sits on the banks of the River Mattock, some ten km (6 miles) north-west of Drogheda.
By 1170, Mellifont had one hundred monks and three hundred lay brothers. The Abbey became the model for other Cistercian abbeys built in Ireland, with its formal style of architecture imported from the abbeys of the same order in France; it was the main abbey in Ireland until it was closed in 1539, when it became a fortified house.


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Symbolism of Eyes and Foucault's Panopticon
Most humans are drawn to the eyes and gaze. Eyes therefore feature large in art and storytelling, and sometimes symbolise surveillance.
The gaze is extremely powerful. Artist Marina Abramovic knew this when she sat in an art gallery and stared at people for months.
Harrison Fisher also understood when painting these girls, supposedly having fun, except for the one giving us the stink eye.
Harrison Fisher (1875 or 1877 – 1934) stink eye
Eye contact has been emphasised in psychological research. Take the following experiment, first using a series of questions, interspersed with eye contact, all to induce intimacy between subjects. These 36 questions became widely known after Mandy Len Catron used them as part of the process in getting to know her boyfriend, then wrote an essay about that experience for the New York Time's Modern Love column. The subjects are required to look each other in the eye. (This is a self-selected group. Many neurodiverse people would avoid an experiment like this.)
A cartoon by Charlie Hankin Unbroken Eye Contact
Eye Colour In Fiction
Eye colour is commonly mentioned in thumbnail character sketches. Don't mention it unless it's meaningful, and even then, be careful.
Colloquially known today as 'the evils' (in New Zealand) or 'stink eye' (in a funny scene from the film Juno), a threatening gaze or stare was once thought to be so powerful it caused actual harm.
As a result, numerous amulets and charms have been invented, thought to protect one from the harms of the Evil Eye.
Eye contact varies significantly across cultures. Western, neurotypical cultures are commonly, problematically, thought to set the 'correct default' when it comes to eye-contact. In the West, eye contact gives the impression of reliability and sincerity. But in many, if not most, cultures around the world, eye-contact is commonly perceived as threatening, and avoiding someone's gaze is often simply a sign of situationally appropriate submission. For our closest animal relatives, the same holds. This leads me to believe that eye-contact 'rules' in my own Western culture default is a contrivance, impressed upon others from leaders in a patriarchy, which always functions best with overt and commonly understood displays of dominance.
Austin artist John Cleveland designed the pyramid-and-eye album cover. The album's sound, featuring elements of psychedelia, garage rock, folk, and blues, is notable for its use of the electric jug, as featured on the band's only hit, "You're Gonna Miss Me".
1936-1939 WPA illustration Keeping Up With Science
My Eyes in the Time of Apparition by August Natterer 1913
Howl's Moving Castle, Hayao Miyazaki, 2004
Nicolas Freeling This is the Castle
Nenad Jakesevic and Sonja Lamut's 1982 cover to Eye of Cat, by Roger Zelazny
Sanpaku eyes is a Japanese term to describe eyes which show a lot of white above or below the pupils. Transliterated, it means 'three whites' (each side as well as above or below). When illustrating a character, it's a great way to create an ominous look.
Artist unknown, The Walking Dead (Warner Bros., 1936), One Sheet Movie Poster sanpuku eyes
Carlos Schwabe, July 21, 1866-January 26, 1926, 1900, Paris
Harry Clarke, Irish. 1889-1931. An illustration for Goethe's Faust, c. 1925
Illustration by Tancredi Scarpetti, 1932
Georg Tronnier, 1902 ink advertisement
Eyeball Warding Off Evil
Apotropes are specific kinds of amulets designed to ward off evil. The word comes from Greek and means 'turn away'. This amulet features a protective symbol such as an eye. Eyes are thought to ward off the evil eye by staring right back at it.
The idea that you can overcome evil by looking something directly in the eye is a trick from psychology, based on the idea that you can only overcome something if you face it first. For example, addicts must acknowledge they have an addiction problem before they can start to control their addiction.
This idea is also used in various narratives at the Battle scene (climax). An excellent example of that is the movie The Ritual. A man with PTSD after the murder of his friend enters the forest and encounters a terrible monster. He overcomes this monster not by escaping it, tricking it or killing it with a gun but by mustering the courage to put his face right up to the monster's face. The monster can no longer bother him. The monster is clearly a symbol for some very hard emotions — emotions the main character must learn to live with rather than banish, which would only result in suppression.
One-eyed Creatures
The one-eyed creature is as scary as the three-eyed creature. Humans have evolved from bilateral symmetry, starting with the bony fishes. Therefore, anything without bilateral symmetry is nowhere near related to us.
Unless there's been a genetic mutation, that is. One-eyed sheep have been overexposed to a chemical known as cyclopamine, clearly named after the Cyclops, an ogre from Greek mythology. He has one eye.
Scholars believe the Cyclops myth may have begun when people saw the skull of a prehistoric dwarf elephant and misidentified its nasal cavity as one large eye socket, leading them to believe monstrous one-eyed humanoids roamed the Earth.
We all go through a forebrain dividing process in utero. But when that process is interrupted, it's known as cyclopia. When human babies are born with cyclopia, they live only for about a day.
Odilon Redon (1840-1916), Seahorses in an underwater landscape, c. 1909-1910
Odilon Redon, Le Cyclope, v. 1914. Huile sur carton, 65,8×52,7cm, musée Kröller-Müller, Otterlo
The Pineal Eye
A parietal eye, also known as a third eye or pineal eye, is a part of the epithalamus present in some species of fish, amphibians and reptiles. René Descartes believed the human pineal gland to be the "principal seat of the soul". Some existing reptiles such as monitor lizards, some iguanas and the tuatara still have a pineal eye. (Only cold-blooded creatures have one.)
Mammalian ancestors likely shifted from "cold" to "warm" blood 246 million years ago. The basic make-up of the eye is similar between cold and warm blooded creatures.
The pineal eye differs from a regular eye. It's usually covered by a thick and large scale and can differentiate between light and dark only. It basically acts as a calendar. Is it daytime or nighttime? Winter or summer? It also helps reptiles to regular body temperature. Mammals don't get much use out of it, so we lost it.
"Everything looks different to me when I look at it with you. Have I mentioned that?"
"No," said Harry. "Perhaps you open a sort of pineal eye and see with that one as well as the other two."
"What?" said Felix, taken-aback and intrigued. "A what?"
"I think that's what it's called," Harry said doubtfully. "I"m not even sure if it's a real eye. Tuataras have them. Eye number three on the top of the head, all overgrown with scales."
"It's not as silly as it sounds," Felix said. "If I found I had opened a third eye these days, one that saw more deeply into things than the other two, I wouldn't be all that surprised. Shall we hold hands or leave that respectable space between us?"
The Tricksters by Margaret Mahy
Eyeball As Symbols of Surveillance
I do think that after this season of TV we should put a pin in "bureaucratic pseudo-1950s agencies that oversee EVERYTHING" and come back to it in like 10 years. It's not a bad trope, just… there's other tropes.
@BootlegGirl, 7:34 AM · Jul 3, 2021
I wanna say the origin of this aesthetic — predating creepypastas that started riffing on it, like the Holders series and the original SCP entries — was the Sci-Fi Original Movie THE LOST ROOM in 2006, whose creator gave a pretty cool breakdown of why specifically he picked it. … He said that for a Gen X kid like himself, there was this kind of mystical significance to the idea of Dads being At Work The world of "The Office" and "Away on Business" being this realm of the fantastic entirely divorced from their own childhood lives … This separation between the domestic and professional spheres specifically wrought by mid-20th-c American capitalism, Men At Work being a separate species and class from the women and the kids, and from ordinary schlubs doing crappy blue-collar jobs. [The thread continues with examples of this particular aesthetic.]
@arthur_affect 7:45 AM · Jul 3, 2021
It's a sci-fi renaissance of Kafka
@jmarquiso 7:47 AM · Jul 3, 2021
The symbol of the All Seeing Eye can be seen famously on the American dollar note. This is also known by conspiracy theorists as The Eye of Providence. I can't be the only one who finds this creepy because the existence of an eyeball on a Government issue 'document' has given rise to various creepy theories.
The Eye of Providence has been used throughout history to represent God watching over us. This All Seeing Eye / Eye of Providence has its roots in the Egyptian Eye of Horus. The triangle was added later. Now we have the Christian Trinity — Father, Son, Holy Ghost.
The eye in triangle was adopted as a symbol of the Illuminati and the Freemasons, both secretive organisations. The Illuminati is an organisation within the Catholic Church. According to Freemasonry God is considered Architect of the Universe. Hence the eyeball in a triangle as their symbol, first used as a Masonic symbol in 1797.
Honestly this country has been garbage since we gave Mickey Mouse eyeballs pic.twitter.com/JZkU2xREsv
— Daniel Kibblesmith (@kibblesmith) February 11, 2017
When creating characters for children's books, it's really easy to get the eyes wrong. The eyes make or break a piece. I'm not sure if the artist behind each picture below intended peak creep, but if so, a gold star.
"Buster Brown" Created by Artist Richard Outcault 1863-1928, first introduced May 4th 1902.
Louis Wain (1860-1939) liked to draw cats and he also liked to draw their eyes in a certain creepy way.
Foucault's Panopticon
Michel Foucault was a French philosopher who left us with some very interesting ideas. He thought of his ideas as a toolbox, and others were welcome to take tools from it, using them how they wished. Foucault provided us with the concept of the heterotopia and also with the concept of the panopticon. Foucault's main interest was with systems of power and oppression.
Foucault rejected the notion that power comes from the top and that if we cut the head of the king off we can be free.
There's a 1968 slogan, about lifting up cobblestones, finding a beach and finding sexual pleasure and being happy. (Something like that.) It may have worked like in the 17th century regime, but not today. Today power comes from the decentralised networks of institutions where professionals have the right to classify individuals through categories.
In his book Discipline and Punish, Foucault critiqued the apparatus of modern society — schools, hospitals and so on — rather than how people traditionally thought of power structures (led by monarchies). This other kind is now widely known as 'capillary power'.
In describing capillary power, Foucault presented us with the idea of the panopticon. The panopticon was based on Jeremy Bentham's 18th century architectural drawings of a prison.
Jeremy Bentham's panopticon prison
Key features of the panopticon:
A central observation tower for the guard
A periphery comprising a circular building with circular cells
Crucially, all of the cells have windows. This isn't to keep the Hannibal Lecters of this world happy. The windows are not for prisoners' benefit at all. Instead, light floods the cells so that prisoners can be observed from the tower.
The point is that the inmates observe themselves. They begin to monitor themselves, taking that gaze and imagining we are being watched even when we aren't. Nobody holds 'power'. This is how Foucault's work becomes a critique of Marxism – nobody holds power; we hold it within our very sense of ourselves. (Foucault's gayness was probably crucial here – later academics have studied this internalised homophobia in much depth.
It's significant that Michel Foucault lived as a gay man in a dangerously homophobic time. Foucault was a playful, youthful character, but he was also at times very unhappy. He attempted suicide more than once. When faced with the medical establishment, Foucault was told that his illness was because of his homosexuality (not because he was required to live in a homophobic society). So Foucault had personal experience with the medicalisation of something which should never have been medicalised – his sexuality. He gave much thought to how people are surveilled, and even when no one is watching, we still feel watched and judged.
For excellent insight into how homophobia affects mental health, see the work of New Zealand's Professor Michael Ross, whose research looks into sexual risk behaviour and mental health in gay and bisexual men across cultures and continents. Or perhaps listen to Professor Ross interviewed on Radio New Zealand.
Illustration by Fred Banbery for ALFRED HITCHCOCK'S GHOSTLY GALLERY (1962)
From 'The Sorcerer's Apprentice' 1966 Written by Elizabeth Rose Illustrated by Gerald Rose ( b. 1935). The fishbowl is a common symbol of surveillance, as is a glass house.
Poster for the International Hygiene Exhibition 1911 in Dresden, 1911 Franz von Stuck (German, 1863–1928)
Odilon Redon was an artist whose eyeball phase lasted more than a decade.
Black Eyed Kids
Black-eyed kids are paranormal creatures from contemporary American culture. The stories began in the mid 1990s. They're thought to be normal looking teenagers who wear hoodies. They'll knock on your door asking for help. The story goes downhill from there. Their entire eyes are black. Some people think these stories come from drug-addicted young people, because of the dilated pupils experienced by drug users.
Amedeo Clemente Modigliani (1884 – 1920)
John Schoenherr (1935 – 2010) 1971 book cover illustration for Catseye by Andre Alice Norton
Proginoskes
Cover illustration for Madeleine L'engle's A Wind in the Door, 1973, Cover Artist unknown
This cherub, whom Meg affectionately refers to as Progo, is an extraterrestrial alien who resembles an apocalyptic angel, having many wings and eyes like the seraphim in the Biblical book, the Revelation of John. His name means 'foresight' or 'foreknowledge' in Koine Greek, and his character is described as one who names, specifically, he is a namer of the stars. He teaches the protagonists how to use telepathy, and assists them in their quest, eventually sacrificing himself for their salvation, a notably messianic act.
Green-eyed Monsters
The green-eyed monster is a line from Shakespeare's Othello and no commonly means jealously personified. (Monsterfied?)
It is the green-eyed monster which doth mock the meat it feeds on.
Noah and the Rainbow An Ancient Story, illustrated by Helga Aichinger, 1972. There are tricks illustrators can use to show where a character is looking and not all of them look light they've come straight out of a comic book. This is one fine art example.
"The Green Eyed Monster' illustration by Anton Pieck from 'The Ring Of Seven' (1939)
John Schoenherr (1935 – 2010) 1971 book cover illustration for Catseye by Andre Norton
Virgil Finlay's artwork 1950s
Victor Hugo, 1866
Opia: The ambiguous intensity of looking someone in the eye, which can feel simultaneously invasive and vulnerable.
Home » Symbolism of Eyes and Foucault's Panopticon
heterotopia, Michel Foucault


text:
Musser v. Utah
Morrison v. State Board of Education
In criticizing a Utah statute prohibiting conspiracies "to commit any act injurious to . . . public morals,"…
People v. Rehman
It is true that the meaning and constitutionality of the specific words "any act injurious to the public…
Full title:MUSSER ET AL. v . UTAH
Date published: Feb 9, 1948
333 U.S. 95 (1948)
68 S. Ct. 397
recognizing that, when evaluating vagueness challenge to Utah statute, statutory language "does not stand by itself as the law of Utah but is part of the whole body of common and statute law of that [s]tate and is to be judged in that context"
Summary of this case from State v. Courchesne
See 6 Summaries
APPEAL FROM THE SUPREME COURT OF UTAH.
No. 60.
Argued November 10, 1947. Reargued January 5, 1948. Decided February 9, 1948.
When there are inherent in an appeal to this Court from a judgment of the highest court of a state questions of state law which were not presented to, or considered by, the highest court of the state, this Court will vacate the judgment and remand the cause to that court for consideration of those questions of state law. Pp. 96-98. 110 Utah 533, 175 P.2d 724, vacated and remanded.
The Supreme Court of Utah affirmed a conviction of appellants for conspiracy "to commit acts injurious to public morals" in violation of the Utah Code Ann., 1943, § 103-11-1. 110 Utah 533, 175 P.2d 724. Judgment vacated and cause remanded, p. 98.
Claude T. Barnes argued the cause and filed a brief for appellants.
Calvin L. Rampton and Zar E. Hayes, Assistant Attorneys General of Utah, argued the cause for appellee on the original argument, and Mr. Rampton on the reargument. With them on the brief was Grover A. Giles, Attorney General.
Arthur Garfield Hays and Osmond K. Fraenkel filed a brief for the American Civil Liberties Union, as amicus curiae, urging reversal.
MR. JUSTICE JACKSON delivered the opinion of the Court.
The appellants sought review by this Court of a decision by the Supreme Court of Utah on the ground that the State convicted them in violation of the Fourteenth Amendment to the Federal Constitution. In the trial court a motion to dismiss the charge at the close of the evidence broadly indicated reliance on the Fourteenth as well as the First Amendment, and such reliance was indicated in requests for instructions. A preliminary motion to quash the information was stated in broad terms which it is claimed admitted argument of any federal grounds. Trial resulted in conviction and the Supreme Court of the State overruled all constitutional objections and affirmed.
On argument in this Court, inquiries from the bench suggested a federal question which had not been specifically assigned by defendants in this Court, nor in any court below, although general transgression of the Fourteenth Amendment had been alleged. This question is whether the Utah statute, for violation of which the appellants are amerced, is so vague and indefinite that it fails adequately to define the offense or to give reasonable standards for determining guilt. The question grew out of these circumstances:
Defendants were tried on an information which charged violation of § 103-11-1, Utah Code Ann. 1943, in that they conspired "to commit acts injurious to public morals as follows, to-wit: . . . ." It then specified acts which amount briefly to conspiring to counsel, advise, and practice polygamous or plural marriage, and it set forth a series of overt acts in furtherance thereof. The Supreme Court considered that the prosecution was under Paragraph (5) of 103-11-1 which, so far as relevant, defines conspiracy, "(5) to commit any act injurious to the public health, to public morals, or to trade or commerce, or for the perversion or obstruction of justice or the due administration of the laws. . . ."
It is obvious that this is no narrowly drawn statute. We do not presume to give an interpretation as to what it may include. Standing by itself, it would seem to be warrant for conviction for agreement to do almost any act which a judge and jury might find at the moment contrary to his or its notions of what was good for health, morals, trade, commerce, justice or order. In some States the phrase "injurious to public morals" would be likely to punish acts which it would not punish in others because of the varying policies on such matters as use of cigarettes or liquor and the permissibility of gambling. This led to the inquiry as to whether the statute attempts to cover so much that it effectively covers nothing. Statutes defining crimes may fail of their purpose if they do not provide some reasonable standards of guilt. See, for example, United States v. Cohen Grocery Co., 255 U.S. 81. Legislation may run afoul of the Due Process Clause because it fails to give adequate guidance to those who would be law-abiding, to advise defendants of the nature of the offense with which they are charged, or to guide courts in trying those who are accused.
When the adequacy of this statute in these respects was questioned, the State asked and was granted reargument here. Rehearing convinces us that questions are inherent in this appeal which were not presented to or considered by the Utah Supreme Court and which involve determination of state law. We recognize that the part of the statute we have quoted does not stand by itself as the law of Utah but is part of the whole body of common and statute law of that State and is to be judged in that context. It is argued that while Paragraph (5) as quoted is admittedly very general, the present charge is sustainable under Paragraph (1) thereof which makes a crime of any conspiracy to commit a crime and that the sweep of Paragraph (5) is or may be so limited by its context or by judicial construction as to supply more definite standards for determining guilt. It is also said that the point, so far as this case is concerned, has been waived or lost because there was no timely or sufficient assignment of it as ground for dismissal to comply with state practice. We believe we should not pass upon the questions raised here until the Supreme Court of Utah has had opportunity to deal with this ultimate issue of federal law and with any state law questions relevant to it.
This trial was not conducted in federal court nor for violation of federal law. It is a prosecution by the State, in its courts, to vindicate its own laws. Our sole concern with it is to see that no conviction contrary to a valid objection raised under the Fourteenth Amendment is upheld. What the statutes of a State mean, the extent to which any provision may be limited by other Acts or by other parts of the same Act, are questions on which the highest court of the State has the final word. The right to speak this word is one which State courts should jealously maintain and which we should scrupulously observe. In order that the controversy may be restored to the control of the Supreme Court of Utah, its present judgment is vacated and the cause is remanded for proceedings not inconsistent herewith.
Vacated and remanded.
MR. JUSTICE BLACK concurs in the result.
MR. JUSTICE RUTLEDGE, with whom MR. JUSTICE DOUGLAS and MR. JUSTICE MURPHY concur, dissenting.
I would make a different disposition of the case. I think a deeper vice infects these convictions than their apparent invalidity for vagueness of the Utah statute, first suggested on the original argument here, even if further construction by the Utah courts might possibly remove that ground for reversal. The crucial question, which the case was brought to this Court to review, is whether the state supreme court has construed the Utah statute to authorize punishment for exercising the right of free speech protected by the First and Fourteenth Amendments to the Federal Constitution.
The statute which appellants have violated provides that it shall be a crime for two or more persons to conspire "to commit any act injurious . . . to public morals." The opinion of the state supreme court construes these words to apply to conduct which induces people to enter into bigamous relationships and, more particularly, to the advocacy of the practice of polygamy. It held that the appellants were properly convicted because the evidence proved that they were parties to "an agreement to advocate, counsel, advise and urge the practice of polygamy and unlawful cohabitation by other persons."
Although the entire record of the trial has not been brought here, it is clear that some appellants urged certain particular individuals to practice polygamy. For present purposes I assume that such direct and personalized activity amounting to incitation to commit a crime may be proscribed by the state. However the charge was not restricted to a claim that appellants had conspired to urge particular violations of the law. Instead, the information as construed by the state court broadly condemned the conspiracy to advocate and urge the practice of polygamy. This advocacy was at least in part conducted in religious meetings where, although pressure may also have been applied to individuals, considerable general discussion of the religious duty to enter into plural marriages was carried on.
"At one of these meetings, one Heber C. Smith, Jr. was made the specific object of remarks of various defendants." 110 Utah 533, 554, 175 P.2d 724, 735.
Although the information in terms charged a conspiracy to advocate and practice polygamy, the state court construed it as though it charged a conspiracy to advocate the practice of polygamy. 110 Utah 533, 544-545, 175 P.2d 724, 730.
"It is true . . . that at certain meetings speakers discussed polygamy, reading from the Bible and making the claim that the ancient polygamous marriage system was instituted of God, and that `plural marriage is a law of God'; that some individuals at these meetings declared that legislation prohibiting the practice of polygamy violates the spirit of the First Amendment to the Federal Constitution; that some speakers denounced officials of the Mormon Church for excommunication of people for teaching or practicing plural marriage, stating that the leaders of said church have `no divine authority' and that such church is apostate; and that some services were conducted as `testimonial meetings' at which members of the congregation arose voluntarily to express their views on any subject, and to acknowledge gratitude to God." 110 Utah 533, 551-552, 175 P.2d 724, 734.
Neither the statute, the information, nor the portions of the charge to the jury which are preserved in the printed record distinguish between the specific incitations and the more generalized discussions. Cf. Thomas v. Collins, 323 U.S. 516. Thus the trial and convictions proceeded on the theory that the statute applied indiscriminately to both types of activity. This is made doubly clear by the fact that the state supreme court set aside the convictions of several defendants who had done no more than attend meetings, give opinions on religious subjects and criticize legislation. By setting aside these convictions that court indicated that it did not consider every discussion of polygamy, or attendance at meetings where the practice is advocated, to be "an act injurious to the public morals." Such a limitation on the scope of the statute was unquestionably required by the Federal Constitution. But as I read the opinion of the state court, it did not make a further limitation also required by the First and Fourteenth Amendments. The Utah statute was construed to proscribe any agreement to advocate the practice of polygamy. Thus the line was drawn between discussion and advocacy.
"If it were true that none of the defendants did anything other than to attend meetings as indicated above [see note 3 supra], expressing disagreement with some other denomination, criticizing legislation, and giving opinions on religious subjects, none of the convictions could be upheld. The right of free speech cannot be curtailed by indirection through a charge of criminal conspiracy." 110 Utah 533, 552, 175 P.2d 724, 734.
The court held "that an agreement to advocate, teach, counsel, advise and urge other persons to practice polygamy and unlawful cohabitation, is an agreement to commit acts injurious to public morals within the scope of the conspiracy statute." 110 Utah 533, 546-547, 175 P.2d 724, 731.
The Constitution requires that the statute be limited more narrowly. At the very least the line must be drawn between advocacy and incitement, and even the state's power to punish incitement may vary with the nature of the speech, whether persuasive or coercive, the nature of the wrong induced, whether violent or merely offensive to the mores, and the degree of probability that the substantive evil actually will result. See Bridges v. California, 314 U.S. 252, 262-263.
It is axiomatic that a democratic state may not deny its citizens the right to criticize existing laws and to urge that they be changed. And yet, in order to succeed in an effort to legalize polygamy it is obviously necessary to convince a substantial number of people that such conduct is desirable. But conviction that the practice is desirable has a natural tendency to induce the practice itself. Thus, depending on where the circular reasoning is started, the advocacy of polygamy may either be unlawful as inducing a violation of law, or be constitutionally protected as essential to the proper functioning of the democratic process.
"Political agitation, by the passions it arouses or the convictions it engenders, may in fact stimulate men to the violation of law. Detestation of existing policies is easily transformed into forcible resistance of the authority which puts them in execution, and it would be folly to disregard the causal relation between the two. Yet to assimilate agitation, legitimate as such, with direct incitement to violent resistance, is to disregard the tolerance of all methods of political agitation which in normal times is a safeguard of free government. The distinction is not a scholastic subterfuge, but a hard-bought acquisition in the fight for freedom, and the purpose to disregard it Page 102 must be evident when the power exists. If one stops short of urging upon others that it is their duty or their interest to resist the law, it seems to me one should not be held to have attempted to cause its violation." Judge Learned Hand in Masses Pub. Co. v. Patten, 244 F. 535, 540.
In the abstract the problem could be solved in various ways. At one extreme it could be said that society can best protect itself by prohibiting only the substantive evil and relying on a completely free interchange of ideas as the best safeguard against demoralizing propaganda. Or we might permit advocacy of lawbreaking, but only so long as the advocacy falls short of incitement. But the other extreme position, that the state may prevent any conduct which induces people to violate the law, or any advocacy of unlawful activity, cannot be squared with the First Amendment. At the very least, as we have indicated, under the clear-and-present-danger rule, the second alternative stated marks the limit of the state's power as restricted by the Amendment.
"We have nothing to fear from the demoralizing reasonings of some, if others are left free to demonstrate their errors and especially when the law stands ready to punish the first criminal act produced by the false reasonings; these are safer corrections than the conscience of a judge." Excerpt from letter written by Thomas Jefferson to Elijah Boardman of New Milford, Connecticut, on July 3, 1801, quoted by Charles A. Beard, The Nation, July 7, 1926, vol. 123, p. 8.
"But even advocacy of violation, however reprehensible morally, is not a justification for denying free speech where the advocacy falls short of incitement and there is nothing to indicate that the advocacy would be immediately acted on." Mr. Justice Brandeis, concurring in Whitney v. California, 274 U.S. at 376.
The Supreme Court of Utah has in effect adopted the third position stated above. It affirmed the convictions on the theory that an agreement to advocate polygamy is unlawful. The trial court certainly proceeded on this theory, if it did not go further and consider discussion of polygamy as injurious to public morals as well. Therefore, even assuming that appellants may have been guilty of conduct which the state may properly restrain, the convictions should be set aside. A general verdict was returned, and hence it is impossible to determine whether the jury convicted appellants on the ground that they conspired merely to advocate polygamy or on the ground that the conspiracy was intended to incite particular and immediate violations of the law. Since therefore the convictions may rest on a ground invalid under the Federal Constitution, I would reverse the judgment of the state court. Cf. Thomas v. Collins, supra; Williams v. North Carolina, 317 U.S. 287; Stromberg v. California, 283 U.S. 359.
In Musser v. Utah, 333 U.S. 95 (1948), we even remanded a criminal case to the Utah Supreme Court for a construction of the statute so that its possible vagueness could be analyzed.
Summary of this case from McGautha v. California
In Musser v. Utah, 333 U.S. 95, the Supreme Court considered a conviction of conspiracy "to commit acts injurious to public morals," in violation of a Utah statute.
Summary of this case from State v. Flinn
In Musser v. Utah, supra, 333 U.S. 95 [92 L.Ed. 562], the Supreme Court indicated that a state statute punishing conspiracies "to commit any act injurious... to public morals" might be void for vagueness unless limited by state courts.
Summary of this case from Morrison v. State Board of Education
In Musser, which preceded Lorenson, the United States Supreme Court struck down as unconstitutionally vague a Utah law which prohibited conspiracy "to commit acts injurious to public morals."
Summary of this case from People v. Martin
In Musser v. Utah, 333 U.S. 95, 68 S.Ct. 397, 92 L.Ed. 562 (1948), the court said: "Legislation may run afoul of the Due Process Clause because it fails * * * to guide courts in trying those who are accused."
Summary of this case from Commercial Credit Corp. v. Congleton