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Slate's Dahlia Lithwick had a very interesting column this weekend cautioning her fellow liberals against smearing Justice Clarence Thomas as they mount their defense of Judge Sonia Sotomayor:

The temptation to smack back and argue that we deserve to seat Sotomayor because Thomas was a lousy affirmative-action pick who turned into a third-rate justice is hard to resist. But it's flat wrong. Liberals achieve nothing by suggesting that Thomas' elevation to the high court was preposterous on its face or that his tenure there has been a disgrace....

Claims that Thomas is too stupid to ask questions and in constant peril of embarrassing himself at the court are just not that different than claims that Sotomayor is mediocre. Nobody who has followed Thomas' 18-year career at the Supreme Court believes him to be a dunce or a Scalia clone. Whether you accept Jan Crawford Greenburg's claim that Thomas' constitutional theories are so forceful that they have shaped Scalia's or you believe the more common view that Thomas has a deeply reasoned and consistent judicial philosophy that differs dramatically from those of the court's other conservatives, accusations that he's been a dim bulb are just false. They also reveal that the name-calling that originates now, during the confirmation process, engenders a mythology that can never be erased.

It's nice to see Lithwick make this point (even if she has done a little name-calling of her own). Whether you agree with his opinions or not, Thomas has quite obviously proven himself on the Court. Yet the ridiculous idea that he's less capable than his fellow justices still persists, even among people that ought to know better.

People are cutting back on lots of spending these days, but one area that was supposedly relatively safe was in-home entertainment expenditures. Things like cable and satellite TV and Netflix were thought to even thrive during economic downturns as people looked to limit going out, choosing instead to stay in and be entertained. While that seems to be working out for Netflix, cable companies are starting to feel the pinch as people drop their subscriptions and get their TV fix online. While it's a relatively small number of people that are making the move, it's the sort of thing that cable companies have been concerned about for a while. The WSJ story talks about some moves by the likes of Comcast and Time Warner to grab more online viewers, but if the cable companies continue to try and treat their online efforts in the same way as their traditional offerings, it's hard to see much success. It doesn't seem like a coincidence that this is happening as cable companies are looking to introduce caps on their broadband services. They say it's because some consumers are creating too much traffic, in part because of their online video viewing, and it's straining their networks. But perhaps it's just a way to try and capture lost TV revenue from cord-cutters? Of course, trying to get users who are going broadband-only for their TV to take on metered broadband seems like a good way to drive them to competitors with uncapped plans.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

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“A documentary film by Jack Oatmon ( http://twitter.com/jackoatmon ).

A look into the hardware hacking community in Montreal, including the Foulab collective. Why are more and more hobbyists experimenting with hacks and circuit bends? What relationship does this imply about consumer society and technological advancement? Is this a real-world analog of ‘user generated content’?

Check out the lab: http://foulab.org/

Check out more music by XC3N: http://www.last.fm/music/XC3N“

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