Language Log

If the stars are in the right alignment and if you live long enough, you too can become a victim of stereotype and prejudice. I’ve been a semi-privileged, middle class, male Caucasian all of my life, but now, thanks to The New Old Age I’ve discovered that I too am a card-carrying member of a group that is besieged by politically incorrect language.

A stylebook for the media now shows how writers and broadcasters can avoid being sued for discrimination by, uh, well, er, whatever we’d rather be called (hint: it isn’t the e word). I’ll bet that this book will be cited in a slew of forthcoming lawsuits on age discrimination. Elderly is out, along with senior citizen, golden years, feisty, spry, senile, and grandfatherly.

As I understand ageism these days, I’m even supposed to be offended if someone says that I’m seventy-eight years young. Okay, I know about the more obvious ageist words, like codger, old fart, geezer, old goat, and fossil, but the insult of adding years young to my age mystifies me. For some reason I kinda like it. Maybe I need to get out more.

American readers are likely to be truly amazed to learn what has just happened to a senior British diplomat, Mr Rowan Laxton. He was on an exercise bike at a gym in the Regent's Park area of London, and he got angry as he watched film of the destruction in Gaza, and shouted: "Fucking Israelis! Fucking Jews!" — adding that they should be "wiped off the face of the earth."

Mr Laxton is head of diplomatic policy in South Asia at the Foreign and Commonwealth Office of the UK government. He reports directly to brief the Foreign Secretary, David Miliband. (In one of those twists that fiction has to avoid on grounds of implausibility but real life allows, Mr Miliband is Jewish.) But he was not merely reprimanded, or sent for anger management, or removed from his post, or dropped from a BBC talk program over this. The police came and arrested him. He faces a criminal charge of inciting religious hatred, which can carry a seven-year prison term. (For a newspaper account, see this report in The Times.)

We have previously discussed the claim of the Attorney General of Kentucky and a trial court's acceptance of that claim, that the domain names of internet gambling sites are "gambling devices" and therefore subject to seizure under Kentucky law. I am pleased to report that the Kentucky Court of Appeals has ruled that domain names are not gambling devices and on this basis has issued an order of prohibition barring the trial court from enforcing its seizure order. The majority held that:

…it stretches credulity to conclude that a series of numbers, or Internet address, can be said to constitute a "machine or any mechanical or other device…[sic] designed and manufactured primarily for use in connection with gambling." We are thus convinced that the trial court clearly erred in concluding that the domain names can be construed to be gambling devices subject to forfeiture under KRS 528.100.

A set of previously-rejected absentee ballots in the Minnesota senatorial election have now been counted. Some background on the process that led to this event can be found in the affidavit of Tony P. Trimble (12-31-08), which includes as Exhibit A "Rules for Processing Improperly Rejected Absentee Ballots for US Senators", which in turn includes point 15:

Several Language Log readers have asked me what a linguist might be able to do with the undercover tapes in the escalating case of Illinois governor Rod Blagojevich. The simple answer is, “I don’t know; I haven’t heard them.” That puts me in the same predicament with his lawyer, Ed Gensen, who faces the problem of having to defend the governor on charges that, so far at least, have not been accompanied with the hard evidence allegedly on the tapes. But hey, that’s how the system usually works. Prosecutors wait as long as possible before revealing their best evidence. Among other things, this helps to delay the defense from preparing as quickly as it could.

The December 15, 2008 issue of Newsweek contains an article called, “Desperate Housewares”, a catchy title that plays off the name of a popular television program called “Desperate Housewives” (full disclosure: I’ve never watched this program but I do subscribe to Newsweek). In the article was this sentence:

Shoppers seem inured to the relentless Christmas spirit.

From this I’d guess that most readers understand that shoppers are accustomed to and even accept this relentless Christmas spirit and that it’s not a good thing– except perhaps for the retail trades. Inure, that is, conveys something negative here. Hold that thought while I describe a very different use of inure.

Mark Liberman’s post about the phone call that has caused people to try to determine who was responsible for the Mumbai attacks highlights a problem in the current practice of forensic linguists who do authorship analysis these days. His post was about speaker identification (or nationality/ethnicity of speaker), so I’m stretching things a bit here, but whether the evidence is spoken or written, the process of narrowing down a list of suspects, much less finding the right one, has many of the same problems.

Back in January I discussed the claim by the Federal Communications Commission that the buttocks are a "sexual or excretory organ". To my amazement and dismay, this nonsense continues. The matter has now reached the Court of Appeals for the Second Circuit. Here is ABC's brief and here is the FCC's response.

I don't find the FCC's response at all persuasive. It consists in large part of the claim that in the rule the phrase "sexual or excretory organs" should be interpreted as meaning what they want it to mean, as "body parts whose public display is deemed offensive by prudish people" rather than as what it actually says. It will be interesting to see what the Court makes of it.

A report from Languge Log's Rocky Mountain desk, where folks out here now fight over words rather than cattle rustling.

The Planning and Zoning Board of the Missoula Montana city government is having one of those ding-dong, small-town lexical battles, this time over what constitutes a parapet. Montana Lil’s has purchased the defunct 4 B’s Restaurant at a busy (by Montana standards) intersection and wants to turn it into a casino (yes, we have lots of these out here and we probably don’t need any more, but that’s how it goes out here in the new Rocky Mountain west).

The new owners want to erect a big video sign on the old restaurant’s roof, which has four equal sized, triangular sections that come to a point at the center. Current signage rules allow for parapet signs but they prohibit any signs on roof tops. No problem, say the new owners. Their new sign will be placed on a parapet that they’ll construct as a small, box-like structure on top of the building’s existing pointed roof. Unfortunately for them, their proposed construction is way too far from the edge of the outer wall of the building, where parapets normally are located. City officials say this doesn’t fit anyone’s definition of a parapet. They have a point.

In this earlier post, I was critical of the FCC's claim that the F-word "inherently has a sexual connotation" no matter what the context. (The Supreme Court took up this question yesterday.) However, my post doesn't offer any suggestions for how to get a clear look at what the F-word does contribute to a discourse. Though I don't have results for the F-word in particular, I do have results for more mildly-taboo items, including English damn and the Chinese intensive tama(de). (I'm hoping that this follow-up post allays any fears Geoff Pullum might have that I now see language as a big bag of words…)

The Supreme Court hears oral arguments today in FCC v. Fox Television Stations, the case of the fleeting expletive. Bono got things going when exclaimed "really, really fucking brilliant" at the 2003 Golden Globe Awards.[*] The FCC first judged such usage non-offensive, then back-tracked in the face of pressure from the Parents Television Council. In this note, the FCC declares that

given the core meaning of the "F-Word," any use of that word or a variation, in any context, inherently has a sexual connotation

Language Loggers have commented on this and related topics before, and Arnold recently went meta on the Times coverage of the case. I recently spoke with Jess Bravin at the Wall Street Journal about the FCC's statement and the coming Supreme Court hearings. (His article with Amy Schatz appeared today, along with a cool wordle-like graphic on the results below.) During out conversation, Jess asked how a linguist might test the FCC's claim about the connotations of the F-word. Does it in fact have sexual connotations even when used as an intensive, as in Bono's "really, really fucking brilliant"?

Three weeks ago I wrote about the state of Kentucky's attempt to seize the domain names of internet gambling sites using a statute that authorizes the seizure of "gambling devices', pointing out that the belief that domain names are gambling devices is bizarre. The court has now held an adversarial hearing on the matter and has issued a decision confirming its ex parte order. Most of the opinion is devoted to other issues, such as the question of whether domain names are property and whether the Kentucky court has jurisdiction, but the question of whether domain names are "gambling devices" as defined in the statute is briefly addressed at pp. 22-25.

I’m running a couple months behind on this but I’m finally getting around to commenting on the issue that Bill Poser posted about the eventually aborted effort by Dell to register, trademark and thereby prevent other companies from using “cloud computing.” It seems to me that Dell’s effort illustrated one of the struggles that both the Patent and Trademark Office and trademark lawyers have when they try to deal with the conventionally accepted (but sometimes difficult to define) trademark categories.