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Alyssa

Nielsen Ratings Will Add Streaming Data For Fall 2013: Here’s What We Need To Ask About The Changes

There are a lot of details that have yet to be reported, but this is big: according to The Hollywood Reporter, Nielsen, the company that measures the ratings of television shows, is reportedly planning a significant shift in its ratings measurement system that will capture data about television viewing not simply through broadcast, but through streaming.

By September 2013, when the next TV season begins, Nielsen expects to have in place new hardware and software tools in the nearly 23,000 TV homes it samples. Those measurement systems will capture viewership not just from the 75 percent of homes that rely on cable, satellite and over the air broadcasts but also viewing via devices that deliver video from streaming services such as Netflix and Amazon, from so-called over-the-top services and from TV enabled game systems like the X-Box and PlayStation.

While some use of iPads and other tablets that receive broadband in the home will be included in the first phase of measurement improvements, a second phase is envisioned to include such devices in a more comprehensive fashion. The second phase is envisioned to roll out on a slower timetable, according to sources, will the overall goal to attempt to capture video viewing of any kind from any source.

The details here will be important. Will Nielsen measure viewing on Hulu, the streaming service set up by the networks? And if so, will it be capturing that data through user’s devices, or through reporting from Hulu? Will the pool of people who are measured be adjusted to account for people who don’t have televisions but watch substantial amounts of television through subscription services on devices? How will Nielsen measure clips of news shows embedded in network sites like MSNBC’s versus streams of full shows? What time period will streaming ratings cover? Will the ratings be adjusted based on a three-day viewing period, the way viewing from DVR recordings are now? Or will both streaming and DVR watching over the seven days after an initial broadcast count? That’s something that CBS president and CEO Les Moonves has been pushing for, and in a November earnings call said “we think it will happen in a short time.”
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Climate Progress

Activist Vs. Inactivist: Roberts Calls Out Revkin’s ‘Handwaving’ On Climate And Keystone

Sometimes a debunking piece is so good it saves me the trouble. Funny how often those pieces are written by Dave Roberts. I’ll add some thoughts of my own at the end — JR.

The virtues of being unreasonable on Keystone

By Dave Roberts, via Grist

I know Andy Revkin of The New York Times writes posts like this in part to bait people like me. But like Popeye, I yam what I yam. So consider me baited. Self-proclaimed moderates want to lecture anti-Keystone XL activists that they are “distracting” and “counterproductive,” without spelling out what the hell that means, yet they seem bewildered when that makes the activists in question angry.

Let’s review. This weekend, close to 50,000 people gathered for the biggest rally ever against climate change, a threat Revkin acknowledges is enormous, difficult, and urgent. Revkin and his council of wonks took to Twitter to argue that the rally and the campaign behind it are misdirected, absolutist, confused, and bereft of long-term strategy. They had this familiar conversation as the rally was unfolding.

As a result, Revkin suffered the grievous injury of a frustrated tweet from Wen Stephenson, a journalist who has crossed over to activism. This gave the wounded Revkin the opportunity to write yet another lament on the slings and arrows that face the Reasonable Man. He faced down the scourge of single-minded “my way or the highway environmentalism,” y’all, but don’t worry, he’s got a thick skin. He lived to tell the tale.

This is all for the benefit of an elite audience, mind you, for whom getting yelled at by activists is the sine qua non of seriousness. The only thing that boosts VSP cred more is getting yelled at by activists on Both Sides.

So let’s not yell. Instead let’s take a calm look at the Reasonable Revkin take on Keystone activism, representative as it is of a certain VSP consensus. In his post, he says it could be “counterproductive” to focus an activist campaign on the pipeline. I want to dwell on that word for a second, because it’s crucial to his case.

If you want to argue that activists shouldn’t focus on Keystone, you can’t just establish that rallying around and/or blocking Keystone won’t reduce carbon emissions much. So what? Why not try it? Something’s better than nothing, after all. Even if it’s a total waste of time, that may be unproductive, but it’s not counterproductive.

No, you have to establish that the Keystone campaign is impeding or preventing something else better and more effective from happening. That’s what it means to say the Keystone campaign is counterproductive — that it’s detracting from other, superior climate efforts.

What are these other efforts, and how is a focus on Keystone impeding or preventing them? That’s the causal relationship folks like Revkin need to establish to make their case, but they are maddeningly vague about it.

Back before the election, Revkin acknowledged that “the pipeline, in isolation, is not in the national interest,” but “overall,” Obama “should not stand in the way of the pipeline.” Huh? It’s not in the national interest but he should greenlight it? Why? Because “it’s very much in the national interest for Obama to avoid saddling himself with an unnecessary issue that would be easy for his foes to distort into an Obama anti-jobs position.” So Obama should sacrifice the national interest in the name of political positioning. Got it. Time’s Bryan Walsh and Mike Grunwald echoed Revkin’s sentiment, warning that Keystone activists risked empowering Obama’s opposition and getting a Republican elected, which would be way worse for the climate than the pipeline.

A couple things have happened since then. One, Obama got reelected, pretty easily. Two, it’s become clear that literally anything Obama does will be distorted as anti-jobs by congressional Republicans, which is one reason they are so widely hated.

Obama’s reelection is no longer at risk. He’s got nothing to lose and no reason to trim his sails to please an unpleasable opposition. Has that changed Revkin’s calculus? (Or Walsh’s? Or Grunwald’s?) If so, I haven’t heard it.

Instead, we continue to hear vague references to things Obama could be doing if he weren’t stuck with these meddling Keystone kids. Revkin says Keystone is a “distraction.” (Distracting whom? What would they be doing if they weren’t distracted? He doesn’t say.) Professional wanker Matt Nisbet says it “distracts” and “limits” Obama’s ability to broker a deal. (A deal on what? With whom? He doesn’t say.) Michael Levi says it makes 60 Senate votes for a price on carbon less likely. (Less likely than impossible?) I could cite a dozen more examples, people casually accusing Keystone activism of impeding or draining energy from other solutions.

What is this good-faith bipartisan progress just waiting to happen if only activists weren’t being unreasonable about Keystone? What do the VSPs have to offer? I don’t see it. I see self-pleasuring dreams of bipartisan Grand Bargains with no awareness of changed political circumstances. I see visions of elite-driven incrementalism with no sense of the ticking clock. I see, above all, the elitist instinct that activists should pipe down, quit being so darn angry and unreasonable, and let the Serious People sit down and work it out together in a spirit of comity and mutual respect. There’s no reason to drag politics into politics, after all.

Revkin himself was asked directly about his alternative strategy. He waved his hands at a seven-part video and a homily.

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Justice

Even The GOPer Who Said Gabby Giffords Is A ‘Prop’ Supports Universal Background Checks

Rep. Joe Heck (R-NV)

Just hours after Rep. Joe Heck (R-NV) found himself in hot water over his agreement with a conservative radio host that former Rep. Gabby Giffords (D-AZ) was a “prop” in the gun debate, the Congressman voiced his support for universal background checks on all gun sales.

In a statement to the Las Vegas Review-Journal, Heck joined a host of other Republicans who have come forward in support of the measure:

“I think the idea of background checks across the board, I’m not opposed to them,” Heck said. “I disagree with people who say that this is going to be the first step to gun registration, which leads to gun confiscation.”[...]

“For law-abiding citizens that want to own a weapon, I don’t see why they would be adverse to undergoing that check just like you would if you walked into the gun store,” Heck said.

Being against universal background checks is a little bit less popular than the United States going communist, so the policy is an easy go-to for a Congressman trying to change the subject. Still, his support signals potential progress on legislation to pass such checks into law.

LGBT

Puerto Rican Supreme Court Upholds Ban On Same-Sex Adoption

In a 5-4 opinion, the Supreme Court of Puerto Rico ruled in favor of a law preventing gay couples from adopting children together. The majority essentially ceded responsibility to the legislature, writing that the Court “does not have a constitutional obligation to award this relationship the same rights that other relationships have when it comes to adoption procedures.”

The couple that challenged the ban has been together 20 years, and the petitioning mother has fought for the past eight to adopt the 12-year-old daughter they are raising together. The daughter proudly proclaims, “I have two mothers,” but she could not benefit from her one mother’s medical insurance or a possible will, nor could she stay with her second mom if her birth mother dies. Chief Justice Federico Hernandez Denton dissented from the ruling, invoking President Obama’s inaugural address calling for equality for gays and lesbians:

DENTON: Both (women) have ideal emotional skills, intuition and protective instinct to guarantee the girl’s full and healthy development. In addition, tests showed that (the girl) is mentally stable, does exceptionally well in school and gets along very well with children her age. [...]

While the rest of the world keeps opening its doors to the legitimate complaints of human beings discriminated against for their sexual orientation, the majority of this court refuses to declare the law in question as unconstitutional.

On Monday, over 200,000 Puerto Ricans protested against LGBT equality, suggesting the legislature may not have a lot of motivation to protect families like the couple in this case.

Alyssa

How Summit Entertainment Will Handle Orson Scott Card’s Homophobia And ‘Ender’s Game’

I wrote last week about how to respond to the hiring of notorious homophobe Orson Scott Card by DC Comics to write Superman. Today, Andy Lewis and Borys Kit at the Hollywood Reporter explore how Card’s noxious, anti-gay views pose a challenge to the movie adaptation of his most famous work, Ender’s Game:

Now Summit faces the tricky task of figuring out how to handle Card’s involvement. The first big challenge will be whether to include him in July’s San Diego Comic-Con program. Promoting Ender’s Game without Card would be like trying to promote the first Harry Potter movie without J.K. Rowling. But having Card appear in the main ballroom in front of 6,500 fans could prove a liability if he’s forced to tackle the issue head-on during the Q&A session.

“I don’t think you take him to any fanboy event,” says one studio executive. “This will definitely take away from their creative and their property.” Another executive sums up the general consensus: “Keep him out of the limelight as much as possible.”

Ender’s insiders already are distancing themselves from the 61-year-old author. “Orson’s politics are not reflective of the moviemakers,” says one person involved in the film. “We’re adapting a work, not a person. The work will stand on its own.”

This seems like the most appropriate way to go in a situation that’s the opposite of DC’s decision to hire him. Summit may have had to give Card money for the right to adapt his material. But they don’t have any obligation to give him a platform. And I hope that Summit feels comfortable exercising their free speech rights as a corporation and as individual executives to make clear what they found valuable in Ender’s Game, and how it’s separate from their opinion of Card’s work to not just oppose equal marriage rights, but to push for the recriminalization of homosexuality. Maybe Card will revel in nine months of condemnation, and he’ll get to feel self-righteous about what’s happening to him. But I do think there’s something fitting about the forthcoming illustration that fiction isn’t bringing more people around Card’s way of thinking. Instead, his bigotry is going to drive people away from some of the best work he ever did.

Economy

Capital Gains Tax Cuts ‘By Far’ The Biggest Contributor To Growth In Income Inequality, Study Finds

Changes in tax law that reduced the federal tax rate on capital gains income is “by far the largest contributor” to rising income inequality in the United States, according to a new paper from Thomas Hungerford, an economist at the Congressional Research Service.

Capital gains and other investment income was taxed as regular wage income from 1986 until 1996, when the capital gains rate was reduced. It was further reduced as part of the Bush tax cuts, and over the last decade, it has reversed the equalizing effects of taxes and allowed for massive income gains for the wealthy that translated directly into increased income inequality:

By far, the largest contributor to this increase was changes in income from capital gains and dividends. Changes in wages had an equalizing effect over this period as did changes in taxes. Most of the equalizing effect of taxes took place after the 1993 tax hike; most of the equalizing effect, however, was reversed after the 2001 and 2003 Bush-era tax cuts. [...]

The large increase in the contribution of capital gains and dividends to the Gini coefficient, however, is due to the large increase in the share of after-tax income from capital gains and dividends, and to the increase in the correlation of this income source with after-tax income.

Hungerford’s findings are similar to a study he produced for the Congressional Research Service in 2011, which found that while income grew 25 percent from 1996 to 2006 for all Americans, it grew 74 percent for the top 1 percent and 96 percent for the top 0.1 percent. That study also found that tax cuts on capital gains were the biggest driver of the disparity.

The capital gains rate increased to 20 percent at the beginning of 2013, and top earners will pay an even higher rate because of a surcharge to help pay for Obamacare. Still, the rate remains far lower than the top income tax rate, even as inequality in America is now comparable to countries like Pakistan and the Ivory Coast. (HT: Greg Sargent)

Alyssa

ESPN’s ‘Nine For IX’ Film Series Shows How Far Women In Sports Have Come, How Far They Have To Go

Playing off its popular “30 for 30″ series of sports documentaries, ESPN Films this week rolled out “Nine For IX,” a series of nine documentaries that will celebrate the legacy of Title IX by telling the stories of female athletes and examining many of the issues women in sports still face today. Its films will explore racial and sexual identities of women in sports, the exploitation of female athletes as sex objects, discrimination faced by female reporters in male lockerrooms, and other issues that aren’t necessarily unique to women athletes, like disability, homosexuality, and the glory and heartbreak that come just from playing sports.

As great as the Nine for IX series will be and as positive as it is that ESPN is shining a bright light on the issues that affect women in sports every day, though, the series somehow manages to reinforce that there is still a wall between the games women play and those played by men. All nine films in the Nine for IX series, which will air from July 2 to August 27 on ESPN, were directed by women. And obviously, all nine are about women. Compare that to the 30 for 30 series, now in its third season. Just four of its 51 films have featured a female director or co-director, and just three have told the stories of female athletes. None of the series’ 10 short features that has aired or is in production is about women, and only one was directed by a woman.

What Nine for IX makes evident is that both stories about women in sports and female directors are readily available. Venus Williams beating racial discrimination, Audrey Mestre overcoming disability, and the U.S. Women’s National Team’s 1999 World Cup victory aren’t just great women-in-sports stories, they are great sports stories. They aren’t just triumphs of great women, they are triumphs of great athletes. The Nine for IX series is aiming to produce the same sort of informative, humanizing, and provocative films 30 for 30 is known for, and it is using the same type of high-quality directors that have made 30 for 30 a success so far, which only makes it more baffling that stories about women in sports and films directed by women have been so absent from the series since it began in 2010.

It seems that ESPN has determined, perhaps unintentionally, that the best way to tell stories about women in sports and the best way to utilize female directors is to tie them to a transformative event that will broadly appeal to women. But while ESPN has taken many positive steps to boost women’s sports and the roles of women in sports, and while it is rightly celebrating the success of Title IX, it shouldn’t need a special anniversary to talk about women in sports and the challenges they still face. And it shouldn’t need a special event to turn the cameras over to female directors. That it does serves as yet another indication of how far women in the world of sports have to go, even four decades after Title IX became law.

Update

I originally wrote that only two of ESPN’s 51 “30 for 30″ films told the stories of female athletes. There have been three. Season One featured “Unmatched,” about the tennis rivalry between Chris Evert and Martina Navratilova, and “Marion Jones: Press Pause,” about the Olympic track star who went to prison for using steroids. Season Two’s “Renee” was the story of transsexual tennis player Renee Richards, who entered the 1977 U.S. Open.

Health

Rick Scott Reverses Course, Becomes 7th GOP Governor To Accept Obamacare’s Medicaid Expansion

Florida Gov. Rick Scott (R), a former hospital CEO and ardent Obamacare critic, announced at a press conference Wednesday evening that he will accept Obamacare funding in order to expand his state’s Medicaid program for low-income Americans. The move comes after Scott secured a waiver to privatize the public insurance program.

The decision represents a marked departure from Scott’s previously held stance. Scott didn’t just initially oppose taking part in the expansion — which the Supreme Court ruled to be optional last summer — he knowingly cited wildly inaccurate figures to inflate the program’s cost to the state by 2500 percent in an effort to discredit it. He eventually dropped his estimate for the expansion by $23 billion in the face of intense media scrutiny. The federal government will pay the lion’s share of funding for states that expand Medicaid, including fully funding expansions for the first three years.

Participating in the expansion will provide medical and financial security to about one million low-income Americans in Florida, a state that has one of the nation’s highest uninsurance rates. But some public health officials worry that Scott’s concurrent decision to privatize the state’s Medicaid program could leave poor Americans by the wayside. An initial pilot program for the privatization in five Florida counties was rife with collusive practices, dropped coverage, and profit-making at the expense of Floridians’ health — but Florida lawmakers claim that they have fixed the problems, citing “increased oversight and more stringent penalties, including fining providers up to $500,000 if they drop out.”

Scott’s decision comes after intense lobbying by Florida’s hospitals, who would benefit greatly from treating low-income Floridians with actual insurance as it would substantially lower their uncompensated care costs. “If Florida doesn’t expand Medicaid, we’re going to have the money taken out of one pocket, we just won’t get it put back in the other,” said Tommy Inzina, chief administrative officer at BayCare Health System.

But regardless of Scott’s motives, his actions could serve as a model for the 10 remaining GOP governors who have still not announced whether or not they will take part in Obamacare’s Medicaid expansion. To date, six other Republican governors — in Arizona, Michigan, New Mexico, North Dakota, Ohio, and Nevada — have decided to expand their Medicaid programs. Wisconsin’s Scott Walker recently announced his own alternative plan that, while better than nothing, will substantially limit the number of services and benefits that low-income Wisconsinites have access to.

Update

At a press conference announcing the expansion, Scott clarified that the expansion will sunset in three years, after which it would have to be reauthorized. Scott said that this is intended to hold the federal government to its promise of providing most of the expansion’s funding and provide Florida ample time to study the effectiveness of expanding Medicaid.

Update

Here is the full text of Scott’s prepared remarks at Wednesday’s press conference.

Justice

In Ohio School District, 1 Of Every 25 Mentally Disabled Students Has Been Restrained Or Locked In A Closet

The Columbus, Ohio school district has a track record of horrible behavior toward mentally disabled children, and a new report reveals the extent of the problem: One in 25 special education students has been “held down, physically removed from class or put in closetlike rooms to calm down.”

According to a state review of the Columbus school district, 371 students had suffered such punishment a total of 1,829 times. Students were secluded for as long as three hours. One report from a particular student offered a chilling insight into how the school operated beyond parental permissions:

14. The parent indicated in the communication book on November 11, 2011 that she did not want the student to be placed in the time out room.
15. The parent again indicated on November 14, 2011 in the communication book that she did not want the student to be taken or forced into the seclusion closet.
16. On November 14, 2011, the staff indicated that the student placed himself in the time out room.
17. On November 17, 2011, the parent indicated in the communication book that the student was scared of the light in the seclusion closet. She again stated that she did not want the student to be placed in the seclusion closet.

NPR’s State Impact also highlighted a letter from special education attorney Aimee Gilman, where she blasted the departmental report:

The descriptions in your findings read like a horror story. Children were repeatedly restrained and secluded, some for as long as 3 hours. And frankly, the tone of your letter suggests that the difficult behaviors are the fault of the child which justifies the district’s response. What evidence-based interventions were brought to bear to assist these children in managing their behaviors? There is no evidence to suggest that seclusion and restraint interventions do anything except to escalate behaviors.

Gilman was right to worry that the state was not properly scrutinizing the issue: The state investigator actually used to work for the school district. She is also right to question the validity of seclusion in general. Studies suggest that such methods are terrible for the emotional health of children, and have prompted some to inflict physical harm on themselves.

Health

Colorado Republicans Try (And Fail) To Turn Sexual Assault Into A Joke

Colorado Republicans are rushing to condemn the offensive comments about rape recently made by one of their Democratic colleagues — but their attempts are quickly devolving into even more inappropriate responses to the serious crime of sexual assault.

After Colorado Rep. Joe Salazar (D) suggested that women are too paranoid to responsibly carry a gun — a failed attempt to make the point that allowing college students to carry concealed weapons on campus won’t actually help prevent sexual assaults — the Larimer County Republican Women set out to prove that women need more than just whistles to protect them from rape. But they chose to do so by mocking sexual violence itself, compiling a fake “rape defense kit” with a whistle and a pen and labeling it “In Case of Rape, Robbery, or Assault OPEN IMMEDIATELY.”

Photos posted on Twitter reveal that a number of Republican state lawmakers, including the GOP Minority Leader, posed with the fake rape kit (click to enlarge):

Of course, the fact that Salazar implied that women may be too emotional to recognize whether or not someone is actually threatening them is offensive, and reinforces the deeply-entrenched attitude that women can’t always be trusted because they sometimes falsely “cry rape.” But making light of the sexual violence that remains incredibly prevalent on college campuses — an estimated one in four women will be sexually assaulted while they are in college, and university officials have been notorious participants in perpetuating rape culture — is an offensive counter to the Democratic lawmaker’s original comments.

There are real things that politicians can do to make college campuses safer environments for women, and those policy solutions don’t involve debating about guns or dabbling in rape jokes. On a national level, reauthorizing the lapsed Violence Against Women Act would help ensure that college groups have adequate funding for their dating violence programs, critical resources that help educate students about preventing sexual assault.

(HT: Colorado Pols)

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