Supergirl faced a non-Hobson’s Choice in fighting Reactron (and thankfully not Nuclear Man): melt off lead from a historic bust in order to safely encase Reactron’s nuclear core, so it would not meltdown. Kara had to quickly balance the interests in defacing art against preventing a nuclear incident in National City.
Let’s say she picked the right choice. Art has no value if a city cannot be inhabited for 10,000 years.
Willfully destroying property is vandalism. As one Court explained:
The historical definition of vandalism was derived from the destruction of many monuments of art and literature by the Vandals, who, in the fourth and fifth centuries, overran Gaul, Spain, and northern Africa, and, in 455 A. D., entered Italy and sacked Rome. Webster’s New International Dictionary, 1951 edition. It originally meant the barbaric and reckless destroying or spoiling of something venerable, artistic, or beautiful. However, in ordinary usage the word is not limited to destruction of works of art, but has been broadened in its meaning to include the destruction of property generally.
General Acci. Fire & Life Assurance Corp. v. Azar (Ga.Ct.App. 1961) 119 S.E.2d 82, 84-85, citing Webster’s New International Dictionary, 1951 edition, and 91 C. J. S., Vandalism, p. 802.
Supergirl’s bust melting would fall under the historic definition of vandalism, because a work of art had been destroyed by her actions (not necessarily barbaric or recklessly). Moreover, in the unlikely event National City is in Arkansas, she would have committed a Class D felony for defacing a “work of art on display in any public place” if the bust was worth more than $2,500. A.C.A. § 5-71-215.
No Court in the United States would find Supergirl criminally liable for vandalism. Kara’s actions were justified under the defense of necessity, which requires Supergirl prove:
1) She acted in an emergency to prevent a significant bodily harm or evil to National City, specifically a nuclear incident that could have made the city uninhabitable, massive radiation poisoning, and loss of life;
2) She had no adequate legal alternative, because Reactron was in hot pursuit to kill James Olsen and endangering National City with a nuclear device;
3) Supergirl’s acts did not create a greater danger than the one avoided (melt off some lead from a bust vs nuclear incident);
4) Supergirl actually believed that at the time she acted her actions were necessary to prevent the threatened harm or evil (Reactron was on the warpath, causing property damage and threatening others with a nuclear powered device);
5) A reasonable person would also have believed that the act was necessary under the circumstances; AND
6) The defendant did not substantially contribute to the emergency (Supergirl did not, but there is a good argument Maxwell Lord did by repairing Reactron’s battle armor).
2-3400 CALCRIM 3403
No DA in their right mind would charge Supergirl for melting a bust. Yes, it is vandalism, but these actions were justified given the gravity of the harm posed by Reactron.
Can the Advanced Threat Containment Unit (ATCU) put people exposed to Terrigen Crystals in suspended animation? There are a host of issues with freezing people, but the ATCU has justified the practice on the grounds the Inhumans are “sick,” thus require being placed in suspended animation until they can be cured, out of the need for public safety.
The Marvel Cinematic Universe has a precedent for placing prisoners in suspended animation. The Abomination was frozen, likely given the complexity it would take to imprison him. It was never stated whether the Abomination had a trial, but there was no question he went on a killing spree in New York City.
People exposed to Terrigen Crystals in fish oil are in a very different category. In states such as California, a peace officer must be able to point to specific and articulable facts that a person has a mental disorder and is a danger to themselves or others to place them on an involuntary hold for 72-hours. Cal Wel & Inst Code § 5150.
Placing people with infectious diseases in quarantine is a legitimate exercise of police power. Compagnie Francaise De Navigation A Vapeur v. Louisiana State Bd. of Health,186 U.S. 380, 387-388 (U.S. 1902). However, that requires people have a disease that can be passed on to others. Having super powers is certainly a condition, but not a transmittable disease.
A school can send a student home if the student has lice to prevent the spread of the parasites. Being an Inhuman could be similar, expect instead of bugs living in your hair, you breathe fire. There is no special shampoo for breathing fire.
The ATCU is holding people against their will, without a trial, in suspended animation. The ATCU does have an argument that people who suddenly have powers are a danger to those around them that does require treatment. However, being an Inhuman is neither a disease nor a mental disorder that means they are a danger to others. A new Inhuman might not be able to control their powers, but that does not mean they have engaged in conduct warranting being held against their wills.
Halloween is a time to celebrate all things scary and sugar.
That’s right, the real villain on Halloween is teeth decay. The supporting villains this holiday are vampires, werewolves, zombies, and ghosts.
It is time to put on your best spooky outfit and enjoy some of our supernatural podcasts, because stores are now breaking out the Christmas decorations before Halloween.
Stay safe this October 31 and repress the desire to start caroling while trick or treating.
Supergirl had an excellent premier, with homages to the 1978 Superman, Super-Friends, and honoring past actors who wore the House of El’s iconic symbol of hope. Bravo.
The episode left me wondering…has the government known all along that Kara was from another planet? Just how did Ma and Pa Danvers forge documents creating an identity for a teenager from another planet? Did the government assist with a cover-up of alien life? How did Kara have proof of vaccinations to attend public school?
While these questions highlight that lawyers can suck the fun out of life, they pose interesting issues.
First things first: Kara’s mother Alura In-Ze was a Judge. Rock on.
Kara’s foster parents would have had a far easier time with establishing a life for Kara with the aid of the government. It is unlikely Kara’s mom packed a birth certificate before Krypton exploded, so the Federal government assisting in creating a human identity for Kara would remove a lot of challenges. If not, it is highly likely Kara’s foster parents engaged in computer fraud and identity theft in order to create a new life for their adopted daughter. This would give new meaning to the term “illegal alien.”
The Federal Government (and specifically INS) could have given Kara top-secret refugee status. The law does not currently address a child escaping an exploding planet, but there is no doubt she is a refugee. Moreover, the government would not want to announce to the public the existence of aliens, given the societal and political backlash that would follow.
Supergirl does not exist in the cinematic world of Man of Steel, so the planet has not endured the trillions of dollars of damage from the battle with General Zod. This version of Superman might have the credibility from having saved the Earth multiple times for years, so asking the Government for a “favor” in creating an identity for his refugee cousin would not be asking for much.
Kara’s first act of heroism was saving a plane from crashing. The news coverage is overall positive, but there is criticism calling her a “human wrecking ball.”
Supergirl had no duty to rescue the crashing plane. If she had not taken any action, the plane would have crashed either in or around the city. There would have been 100% loss of life on the plane and mass casualties on the ground, especially if the plane crashed in a residential neighborhood.
Kara’s duty after beginning to rescue the plane was not to put it in a worse situation. She avoided colliding with the bridge, which would have resulted in loss of life and catastrophic property damage. Moreover, she made a successful water landing, thus avoiding injuring people on the ground (there is the matter of jet fuel in water, thus the Coast Guard would be busy with environmental clean-up, but that is better than hitting a building). Whether or not the flight attendants instructed passengers to put on lifejackets before exiting the plane is unknown, but that would fall on the airline’s duty as a common carrier, not Kara.
The more interesting question is whether or not the Government could, or should, keep secret there are alien criminals with super powers roaming the United States, with unknown plans, and hostile intentions towards Earth. Regardless of that answer, I look forward to the rest of the season.
The new Sam Wilson Captain America #1 by Nick Spencer has Captain America sever ties with SHIELD and the Government. Cap is now a free agent fighting for those who ask for help (well, reasonable requests, not flying into sporting events or fighting over cable bills).
Body armor for sidekicks and private jets cost money. Cap stated he was setting up crowdfunding in order to fund his hero activities like a political campaign. Would it be legal to crowdfund crime fighting?
The law does not favor vigilantism. Society does not want people taking the law into their own hands. Starting a crowdfunding campaign to do something illegal is problematic at best and a conspiracy at worst.
Captain America #1 puts two different forms of vigilantism into conflict with Sam Wilson fighting a terrorist-vigilante-border-patrol militia group. It should be noted that boarder security and combating illegal immigration are exclusively Federal responsibilities.
The “Sons of the Serpent” are a terrorist organization engaging in illegal vigilante boarder patrol activities. Their goal was to kill those entering the United States illegally. Captain America goes to Arizona to investigate a missing person who was either killed or kidnapped by the Sons of the Serpent, resulting in a confrontation.
Murder in the name of boarder security is just plain illegal. There is absolutely no argument terrorists could make that they are acting on behalf of the United States. Captain America has a strong argument that his actions were in the defense of others to stop terrorists, because a reasonable person would believe physical force was immediately necessary to protect those illegally crossing the border from being murdered by terrorists in costumes with high-powered weapons. A.R.S. § 13-404.
The issue of whether Captain America can run a Super Pack to crowdfund his super-hero activities presents some funky legal issues. Being a super-hero is not like the Red Cross responding to a natural disaster, but actively seeking out criminals to engage in law enforcement activities. No one can crowdfund an illegal activity. There is a strong argument that raising money to engage in super-hero activity would violate RICO. There is also a chance that if Cap is fighting the government, his crowdfunding is actually a form of insurrection. As such, everyone supporting it would be part of a vast conspiracy.
Should Captain America fight terrorists? Yes. Protecting the poor, huddled masses, from terrorists is something Americans proudly do (responding to illegal border crossings is a different issue for the government, but one that does NOT involve murder by private citizens).
Can Captain America raise money like a political action committee for that purpose? No, but he could if it was for his legal defense or to aid those who were the victims of super-villains, then the crowdfunding would be for a legitimate purpose that would not be vigilantism.
It was a privileged to have been nominated for best podcast for the third annual Geekie Awards. It was a true honor that so many people work so hard for us in our Geekie campaign. Words cannot express how thankful I am for everyone.
I am extremely proud of our Geekie Awards campaign. Our supporting blog post had over 5,000 views and was shared extensively. I credit this to the superb skills of Tessa Lange, who played Thor in our video. Tessa is a tap-dancing, kick-boxing, artist, and actress. There is no question she is a Renaissance woman who will go far in her career.
I especially want to thank Gerry O’Brien, a New York political consultant, who was our un-official campaign manager. Gerry gave us a lot of excellent advice on our campaign. I credit our strong campaign to his help.
I am in awe of the fact that friends since elementary school voted daily; friends from my seventh grade comic book club campaigned on social media for us; youth from scouts and high school mock trial loyally voted; lawyers, judges, computer forensic experts rallied to our cause; and even the wonderful family I dog-sit for voted daily for us.
It is extremely easy for people to respond with a request for an online vote with silence. Our fans, family, and friends rallied for us and I will never forget it. There are no words to convey how grateful I am from such love. While we might not have gone home with that ray gun, I feel truly blessed from everyone who stood with us.
A Show for Every Geek
The fact two lawyers discussing property rights over Thor’s Hammer and where Iron Man should sue Ant-Man truly showed that Geekie Awards is for everyone who considers themselves a geek.
I broke tradition and did not wear a bow tie to the event. I instead dressed as the 13th Doctor (I count the War Doctor as the Doctor) and my friend Megan went as Clara.
I really enjoyed seeing Ernie Hudson present Michael C. Gross the Lifetime Achievement Award. The man has had an amazing career from National Lampoon to Ghostbusters. It was also awesome to see Gross give Hudson a bag of Twinkies.
Kevin Smith was very deserving of the new Geek Pioneer Award from all of his experience from movie-making to podcasting. It was also great to see how much he loved the one-cut fight scene in Daredevil.
The nominees for best podcast visited together on both nights. The team from Hadron Gospel Hour and I were at last call for two different bars after the show, discussing history, the best James Bond car chases, and Doctor Who. It was amazing to be nominated with such great Geeks.
None of this would have been possible without the vision of Kristen Nedopak. Kristen’s contribution to geekdom highlights we are a community that likes to come together to recognize those who invent, create, and inspire. I believe the greats such as Jack Kirby, Leonard Nimoy, and Ray Harryhausen would be very proud of how Kristen has brought geeks together. We all owe you a debt for creating this opportunity for all of us.
The Two-Night Format
I loved the Geekie Awards new two-night format. The first night focused on a pre-party for the nominees. This was a fantastic opportunity for attendees to network, have red carpet interviews, and enjoy a festival atmosphere.
It was great to finally meet Emily and Peter from Wrong Button, and Josh Silverman from Constantly Calibrating.
I was thrilled to finally meet so many people in person after interacting with them on Twitter since the first Geekie Awards. Moreover, the first night allowed for honorees to meet each other and enjoy being a community. This added to the experience, because there is literally so much happening in a whirlwind that two nights allowed honorees to maximize the experience. Furthermore, the photo booth was an excellent touch.
The awards show was nicely done. The “swag” for attendees included computer sleeves celebrating the time travel theme Doctor Who,Back to the Future, and Bill and Ted’s Excellent Adventure. Other takeaways included a cool new lapel pin with The Geekie Awards logo and hacky sack.
One of the challenges of the evening were long lines for the red carpet interviews. This was minimized for those who had interviews the night before. Possible ways to improve this for both honorees and press in the future would be to have any of the following:
A Line Marshal to ensure the steady flow of live interviews, so everyone has their moment to shine;
Have additional press areas for recorded interviews, so more interviews can be held concurrently; and
Have a press area for recorded interviews to be scheduled earlier in the day, so there is no rush due to the show opening.
If the Geekie Awards evolves into a festival, this would expand the opportunities for interviews to be held over a longer period of time.
Ways to Enhance the Experience
The Geekie Awards continues to make new improvements each year. The new venue and two-night format really improved the experience from the first two years.
The first Geekie Awards had activities the attendees could interact with for photos, such as the bridge of the Enterprise-D and R2-D2, for examples. People posed for photos with the TARDIS this year. Bringing in similar exhibits would give people the opportunity to have fun and take home memories that make great photos. Having more interactive elements would likely be popular for attendees.
The Geekies has always had cosplayers interacting with the audience and posing for photos. This is a ton of fun and something that should continue.
The categories at the Geekies have continued to develop each year. I would not be surprised if the podcast category became scripted and un-scripted categories in the future, similar to how the video categories sub-divided. There are differences in producing a scripted story that is told on a regular basis and a discussion show exploring different topics. Given the fact there were 60 entries this year, this category could divide to expand the opportunity for recognition.
To the Future
It was an honor being nominated for Best Podcast. It was heartwarming to have so many people seek me out to say hello from the creators’ party to the after party. I am in awe of everyone who helped us, from old high school classmates sending supportive notes, to friends calling before the show to wish us luck. This is an experience I shall not forget.
Now it is time to focus on the future. 2015 has been amazing from San Diego Comic Con to The Geekie Awards, and we look forward to the road ahead.
Brian Michael Bendis new Invincible Iron Man #1 adds a new taboo topic for a first date: Developing a cure to the mutant gene. This immediately raises the issue it would become a law, injecting politics into a date (another taboo). Dr. Amara Perera admits the horror of her cure and that it would be like trying to cure Judaism (adding religion into a first date, another taboo). Since this date is with Tony Stark, sex is eluded to, completing the dating no-no topic discussions.
Dating best practices aside, would it be legal to force people to take a cure for the mutant gene? The answer is surprisingly maybe…
Governments have a rational interest in protecting the public health. This is a legitimate police power.
Puberty is hard enough, so turning into an armadillo or flying lizard is just adding insult to teenage injury. Furthermore, governments have an interest in protecting students (and the public) from dangers, such as kids who cannot control deadly lasers shooting out of their eyes.
Is there any precedent that the government could use to justify having people take a “cure” to the mutant gene?
Many states require mandatory vaccinations to attend public schools. While parents might insist they have a God-given right based on pseudo-science for their children to contract Polio and kill a generation of Americans, this is not the majority view (Exhibit A is we have not had a Polio epidemic thanks to vaccinations).
The state of West Virginia requires children entering a state-regulated school to produce a certificate that they have been immunized against chickenpox, hepatitis B, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus and whooping cough. W. Va. Code § 16-3-4(b). New York takes it to another level and places the responsibility on the parents that any child born after January 1, 1994 be immunized against poliomyelitis, mumps, measles, diphtheria, rubella, varicella, Haemophilus influenzae type b (Hib), pertussis, tetanus, pneumococcal disease, and hepatitis B. NY CLS Pub Health § 2164(a).
States have a facially strong argument that immunizing children against the mutant gene in order to attend public schools is for public safety. The United States Supreme Court has held since 1905 that mandatory vaccinations are within the State’s police power. Jacobson v. Massachusetts (1905) 197 U.S. 11. We do not want the public dying horrible deaths from diseases, thus require vaccines.
There is a giant problem with the argument for forcing children to be vaccinated against the mutant gene in order to attend school: it is based on race and eugenics, not preventing the spread of disease. It is one thing for everyone student to be vaccinated, it is another to target an entire race because of their DNA.
Vaccination cases have not been held to the strict scrutiny standard. From Jacobson in 1905, which addressed people over age twenty-one being required to be vaccinated against small pox or be criminally prosecuted, to vaccinating children in New York who attend public school, all of these cases were decided within a State’s police power. Phillips v. City of New York (2d Cir. 2015) 775 F.3d 538, 542, fn. 5.
Race based legislation is held to strict scrutiny. If racial classifications are explicit, there is no requirement to analyze the legislative purpose of the law. However, facially neutral laws warrant strict scrutiny when motivated by racial purpose or unexplainable on grounds other than race. Hunt v Cromartie (1999) 526 US 541.
Specifically requiring children with the mutant gene arguably could subject the law to strict scrutiny, because the law would be targeted specifically at children with mutant DNA and not the public as a whole. While mandatory vaccinations are not targeted to specific racial groups, vaccinating children with mutant DNA would be on race (Homo Superior, opposed to Homo Sapien).
Strict scrutiny analysis examines the 1) character of classification in question; 2) individual interests affected by classification; and 3) governmental interests asserted in support of classification.
As to the first point, the classification is for anyone with mutant DNA; 2) the individual interests are that the individual is forced to take medication in order they do not mutate as they get older; and 3) the government interest is to ensure there are not super-powered individuals endangering the public (namely other students in public schools).
There is a good chance mutant vaccinations could NOT survive strict scrutiny, but there is no question the vaccination is not to stop the spread of disease, but the speculative injury to students in the future if their classmates can breathe fire, spit venom, or throw a bus into the pool.
If the “cure” were expanded to adults who had already mutated, that would be different than the State interest in protecting the public as a legitimate police power. It would be the equivalent of gun confiscation of law-abiding citizens or bringing back Prohibition in order to stop drunk driving. Just because someone had the ability to fly, does not mean they will use for ill intent.
In a world with mutants, those with powers might be viewed as those who are athletes or excel from other gifts. There is no way to “equalize” the population so everyone is the same, only that they have the same opportunities to advance. Whether or not it would be legal to impose a cure to the mutant gene might one day be decided by a fictional court, but unlikely one in the real world.
